Sidney L. Gold & Associates counsel and represent clients who have been terminated from their job during a mass layoff. The federal Worker Adjustment and Retraining Notification Act (WARN Act) requires employers to notify employees in writing at least 60 days in advance of a mass layoff. Failure to do so can require the employer to pay the employee the money they would have earned during the notification period.
The WARN Act will only protect the employee during a mass layoff. To be considered a mass layoff, the criteria set forth in the WARN act must be met. The criterion states that an employer must have at least 100 workers that were employed for six consecutive months and averaged 20 or more hours of work each week. The WARN Act requires notification at a facility wherein 50-499 employees represent one-third of the workers to be laid off, or when 50 or more employees are left unemployed when a company closes or shuts down. In instances where more than one reduction in workforce occurs within a 30 day period, the layoffs are combined. A 90 day rule applies when two layoffs are combined to meet the required threshold. The WARN Act may not offer protection to the majority of government workers.