WARN Act

What is the Federal WARN Act?

Mass layoffs can be devastating for affected workers, their families, and communities. In an attempt to protect these workers, Congress passed the federal Worker Adjustment and Retraining Notification Act (“WARN” Act). The WARN Act requires most employers with 100 or more employees to provide notification 60 calendar days in advance of plant closings and mass layoffs.

Advance notice gives workers and their families some transition time to adjust to the loss of employment, to seek and obtain other jobs, and, if necessary, to enter skill training or retraining that will allow them to compete successfully in the job market.

A number of states have their own versions of the WARN act, which differ on the federal requirements, including the California WARN Act, Illinois WARN Act, New Jersey WARN Act, and New York WARN Act.

Who is affected by the WARN Act?

Employees entitled to notice under the WARN Act include hourly and salaried workers, as well as executives, managers and supervisors. The Act also requires that notice of mass layoffs be given to employees’ representatives, the local chief elected official, and the state dislocated worker unit.

When does the WARN Act apply?

The WARN Act generally applies to employers with 100 or more employees (excluding employees who have worked for less than six months and those who work less than 20 hours per week).

You may be protected by the WARN Act if your job loss occurs as part of:

  • A “plant closing” – where your employer shuts down a facility or operating unit at a single site of employment and lays off at least 50 full-time workers.
  • A “mass layoff” – where your employer lays off either:
    • between 50 and 499 full-time workers at a single site of employment and that number is 33% of the number of full-time workers at the single site of employment; or
    • 500 or more full-time workers at a single site of employment.

Laid off without proper notice?

If an employer violates the WARN Act by failing to provide proper notification of a mass layoff, employees may be entitled to compensation, including back pay and benefits. Workers may bring individual or class action lawsuits against employers who have failed to comply with the WARN Act.

Free and confidential consultations are available with our employment lawyers by calling (866) 981-4800 or by filling out the form to the right.

Carrows Layoffs WARN Act Lawsuit

Girard Gibbs LLP is representing former Carrows and Coco’s Restaurant employees who were laid off without proper notice when the restaurants’ parent company Catalina Restaurant Group was acquired by Texas-based Food Management Partners.

If you worked at Carrows or Coco’s Restuarant and were laid off within 30 days of April 3, 2015, Girard Gibbs WARN Act lawyers may be able to help. Contact us for a free, confidential consultation about your legal rights by calling toll-free (866) 981-4800 or filling out the form to the right.

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