Written by Attorney on February 28, 2009 – 7:30 pm
WARN Act
The WARN Act (Worker Adjustment and Retraining Notification Act) requires employers under certain circumstances to provide 60 days notice prior to closing a plant, initiating mass layoffs, or taking action that results in employment termination for several people.
The act generally applies to employers with more than 100 employees, excluding part time employees or people who have not worked at least 6 of the past 12 months. The WARN Act requires notice to all level of employees, from hourly to salaried to management, about a potential plant closing or layoffs.
Plant Closing
The act requires at least 60 days advance notice before closing a plant. The notice requirement is triggered by plant closings, which it defines as an employment loss for 50 or more employees for 30 days or more. If the employer is going to close a plant, it generally must notify the affected employees as well as local government entities and any unions involved.
Mass Layoffs
An employer also must give notice before a mass layoff. A mass layoff involves the employment loss of over 500 employees for 30 days or more, or for 50-499 employees for 30 days or more if the number of employees represents at least 33% of the total workforce.
The law considers an employment loss as either termination of employment or a layoff of six months or more. It also includes a reduction in hours of 50% or more for six months. There are some exceptions when an employer is not required to give notice. The exceptions depend on the particular factual circumstances at issue.
Violations
If your employer fails to follow the requirements of the WARN Act, you may be entitled to back pay and benfits for up to 60 days. If you bring a claim under the WARN Act, the court may also award damages that include your attorney’s fees. That is at the discretion of the district court.
If you have suffered employment loss and believe your employer failed to comply with the requirements of the WARN Act, you can hire the lawyers at Twin Cities Law Firm to investigate your options.
