The WARN Act

 

When a business has to lay off employees things can get tense and employees become fearful. To eliminate as much fear and panic as possible, follow the labor and employment law protocols laid out in the Worker Adjustment and Retraining Notification Act. It can also help avoid unnecessary litigation.

The WARN act requires 60 days of advance written notice of plant closings and mass layoffs. This advanced notice gives employees and their families’ time to transition and adjust. They have more time to search for other jobs or gain new training.

The notice must be provided to either the affected workers or their representatives, to the state dislocated worker unit and appropriate unit of local government. If an employer orders a plant closing or mass layoff without providing proper notice they are liable to any un-notified employee for back pay and benefits for up to 60 days.

Basic WARN information:

  • Covers employers with 100+ employees, not counting those who have worked less than six months in the last 12 months and those who work an average of less than 20 hours a week.
  • Employees entitled to advance notice include managers, supervisors, and hourly and salaried workers
  •  Regular federal, state, and local government entities that provide public services are not covered by WARN

It’s best to be knowledgeable about employment laws before enforcing a layoff. Violating the WARN Act or any other employment laws can be very costly for a business already going through a hardship. Contact InnovaCounsel when handling hiring, termination, and layoffs. Their attorneys have years of experience with employment laws.


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