What is the WARN Act?

The Worker Adjustment and Retraining Notification Act or “WARN” protects workers, their families, and communities by requiring employers with 100 or more employees (generally not counting those who have worked less than six months in the last 12 months and those who work an average of less than 20 hours a week) to provide at least 60 calendar days advance written notice of a plant closing and mass layoff affecting 50 or more employees at a single site of employment.

WARN makes certain exceptions to the requirements when layoffs occur due to unforeseeable business circumstances, faltering companies, and natural disasters. Advance notice gives workers and their families some transition time to adjust to the prospective loss of employment, to seek and obtain other jobs, and if necessary, to enter skill training or retraining that will allow these workers to compete successfully in the job market.

Can I Do Anything If I Am Being Laid Off?

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

DOL's Employment and Training Administration administers WARN but has no enforcement role in seeking damages for workers who did not receive adequate notice of a layoff or received no notice at all. If you are subject to a layoff in Texas that you believe may be in violation of the WARN Act, you need to contact a private employment attorney as soon as possible. Filing quickly is crucial in these types of cases because the companies involved are often winding down. So don’t delay.

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You’ve taken the first step to protecting yourself and your family. We hope you find the resources on this website useful to learn more about your rights under the law. That’s the first step.

Then, when you’re ready to take the next step…