WARN Act

The Worker Adjustment and Retraining Notification Act (WARN Act) offers protection to workers, their families, and communities by requiring certain employers to provide 60 days notice for plant closings and mass layoffs. Generally, employees of all levels are entitled to notice, including entry level employees, supervisors, and managers.

A. Plant Closing

If at least 50 employees within a 30-day period are being terminated due to a plant or facility closing and some or all of the affected employees have not been given at least 60 days notice, there may be a violation of the WARN Act.

B. Mass Layoff

If at least 500 employees or 33% of the employer’s workforce is laid off and some or all of the affected employees have not been given at least 60 days notice, there may be a violation of the WARN Act.

An employer who violates the WARN provisions by ordering a plant closing or mass layoff without providing appropriate notice may be liable to each aggrieved employee for an amount including back pay and benefits for the period of violation, up to 60 days.