What is the WARN Act?
The Worker Adjustment and Retraining Notification Act requires employers with 100 or more employees to provide 60 calendar days advance written notice before a plant closing or mass layoff. Notice must be given to affected workers, the state, and local government. Employers who fail to provide proper notice owe each affected employee back pay and benefits for each day of the violation, up to 60 days. This is a legal entitlement — it cannot be waived by accepting severance unless your separation agreement specifically includes a WARN Act release.
State WARN laws
Several states have stronger WARN requirements than federal law. California (Cal-WARN) covers employers with 75 or more employees and requires 60 days notice for closings affecting 50 or more workers. New York (NY WARN) requires 90 days notice — not 60 — and covers employers with 50 or more employees. New Jersey, Illinois, and Maryland also have state-level WARN laws with varying thresholds. If you were laid off in one of these states, you may have stronger protections than federal law alone provides.
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