Female warehouse worker sitting on dolly

What Employees Need to Know About the WARN Act

Layoffs are unwelcomed no matter when employees are notified. However, with more notice, employees have a better chance of finding another job before the layoff takes effect. That’s one reason behind the Worker Adjustment and Retraining Notification (WARN) Act of 1988.

What is the WARN Act?

The WARN Act is a law that requires employers to give at least 60 days’ notice to employees working at plants or if a mass layoff is to occur. This advance notice not only benefits employees but communities as well. Especially in a town where a plant or other manufacture accounts for a majority of the community’s workforce, not having significant notice would be detrimental.

In Texas, WARN notices are listed on the state’s Workplace Commission website. In 2021, more than 100 organizations sent out WARN notices to employees.

Are All Businesses Required to Comply With the WARN Act?

No. The WARN Act only applies to businesses with 100 or more full-time employees or has 100 or more employees who, all together, work a combined minimum of 4,000 per week. The business also has to be classified as a private for-profit organization, a private non-profit organization, or a quasi-public organization that is not affiliated with the government.

Additionally, if employees identify with any of the following, they would also not be covered by WARN:

  • Those on strike or are involved in a labor dispute;
  • Temporary workers;
  • Contract employees or consultants who are employed by a different agency;
  • Those who are self-employed; and,
  • Local, state, and federal employees.

I Was Part of a Layoff — How Do I Know if My Employer Properly Complied with WARN?

If you were given at least 60 days’ notice and were part of a mass layoff then your employer most likely followed WARN protocol. However, if you have questions about your experience or are concerned that your employer did not follow WARN guidelines, then you need to contact an experienced employment attorney.

The team at Kennard Law, P.C. offers comprehensive legal services for employees no matter what issues they may face. We will work our hardest to get you the answers you deserve. Reach out to us today so we can get started — (855) 499-4514.

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