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The Warn Act: Warning of Layoffs to Employees - The Federal and California Law. The Worker Adjustment and Retraining Notification Act (WARN Act) is a federal act that requires certain employers to give advance notice of significant layoffs to their employees.
A mass layoff occurs under the WARN Act when: at least 50 employees are laid off during a 30-day period, if the laid-off employees made up at least one third of the workforce; 500 employees are laid off during a 30-day period, no matter how large the workforce; or.
Under the federal WARN Act, employers are required to provide written advance notice in the event of either a plant closing or a mass layoff. Both of these events are specifically defined under the Act.
A layoff letter is used when a company needs to terminate an employee for reasons that were not directly caused by their own action or performance. Restructuring, economic downturns, mergers, relocations, buyouts, and other outside factors are usually the cause.
A Q&A guide to state versions of the federal Worker Adjustment and Retraining Notification (WARN) Act for private employers in Alaska. This Q&A addresses notice requirements in cases of plant closings and mass layoffs.
Alaska is an employment-at-will state. This means that an employer may generally terminate an employee at any time, for any reason, or for no reason, unless an agreement exists that provides otherwise. There are, however, limitations on the doctrine.
Groups of structures which form a campus or industrial park, or separate facilities across the street from one another may be considered a single site of employment; Several single sites of employment within a single building if separate employers conduct activities within the building.
Those sixteen states with so-called mini-WARN acts are: California, Connecticut, Hawaii, Illinois, Kansas, Maine, Massachusetts, Michigan, Minnesota, New Hampshire, New Jersey, Oregon, Rhode Island, South Carolina, Tennessee and Wisconsin. These mini-WARN's vary greatly in scope and effect.
Twenty states have chosen to develop their own requirements that may track or modify the federal requirements: California, Connecticut, Georgia, Hawaii, Illinois, Iowa, Kansas, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, New Hampshire, New Jersey, New York, Ohio, Oregon, Tennessee, and Wisconsin.
The act applies to companies with over 100 active full-time employees, private and public companies and all non-profit and for-profit organizations. Employees covered under the act include both salaried and hourly employees. Employees must be employed for at least six months during the last 12 months.