5 min read

The WARN Act

If your employer lays off 50 or more workers at once, federal law may require 60 days' advance notice — or pay in its place.

What the WARN Act requires

The Worker Adjustment and Retraining Notification (WARN) Act requires employers with 100 or more employees to give 60 calendar days' advance written notice before a plant closing or mass layoff. Notice must go to affected employees, their union if applicable, and state and local officials.

What triggers it

A plant closing that affects 50 or more workers, or a mass layoff of 500 workers (or 50–499 workers if that's at least 33% of the workforce at a site) triggers the requirement. Temporary layoffs lasting more than 6 months and certain work-hour reductions also qualify.

When notice isn't required

The law includes exceptions for unforeseeable business circumstances, natural disasters, and faltering companies seeking capital. These exceptions are sometimes abused. Employers bear the burden of proving an exception applies.

What you're owed if the law was violated

An employer that fails to give proper notice owes affected employees up to 60 days of back pay and benefits. Employees can sue in federal court. Many states have their own WARN laws — often with lower thresholds and stronger protections than the federal statute.

Red flags to watch for

You received no advance notice of a layoff involving dozens of coworkers
You were told the layoff was sudden and unexpected with no explanation
Layoff happened alongside a plant closure, business sale, or major restructuring
Your employer has 100 or more employees and gave less than 60 days' notice
You're in a state like California, New York, or New Jersey — which have stronger state WARN laws

Next up

Wrongful Termination