mass layoffs

Outten & Golden attorneys represent employees who have lost their jobs in mass layoffs and help them recover notice wages through the legal system.

The Worker Adjustment and Retraining Notification Act (WARN Act)

A federal law called the WARN Act,and many similar state laws, require employers to give employees a certain amount of notice before terminating their employment in a "mass layoff."

What is a Mass Layoff?

The WARN Act includes a detailed definition of what constitutes a mass layoff:

  • The employer must have 100 or more full-time employees who each worked more than six of the prior 12 months and averaged over 20 hours a week of work each.
  • 50 or more employees are laid off at a site, and they represent over one-third of the workforce at that site (but if 500 or more employees are laid off at a site, they do not need to meet the one-third requirement).
  • 50 or more employees are let go when a worksite is shut down.
  • Multiple workforce reductions within a 30-day window are combined into one layoff.
  • The 90-day rule combines two layoffs that may not meet the threshold individually.
  • WARN does not cover most government employers.

If a layoff does not meet these criteria the WARN Act does not apply and the employer is not legally required to give employees notice before firing them.

If a layoff does meet these criteria it is a mass layoff, and the WARN Act requires the employer to notify employees in writing at least 60 days before the layoff takes effect. If the employer fails to provide the required notice, it is legally required to pay the laid-off employees their wages for the period during which they should have been on notice. Outten & Golden lawyers can help workers who lose their jobs in a mass layoff to protect their rights under the WARN Act.

Contact WARN ACT Lawyers

If you believe your employment rights have been violated under the WARN Act, please contact the firm through the ”Contact Us" form or by calling us in the New York, Chicago, San Francisco, or Washington, DC office (see bottom of page for phone numbers) to begin the Outten & Golden intake process.