New Mexico Sample WARN Notification Letter - to Individual Employee
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FAQ
A Q&A guide to state versions of the federal Worker Adjustment and Retraining Notification (WARN) Act for private employers in New Mexico. This Q&A addresses notice requirements in cases of plant closings and mass layoffs.
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.
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.
No federal or state law in New Mexico requires employers to pay out an employee's accrued vacation, sick leave, or other paid time off (PTO) at the termination of employment.
Congress passed the Worker Adjustment and Retraining Notification Act (popularly known as the WARN or plant closing law) in 1989. It requires employers of 100 or more employees to give 60 days' notice before closing a facility or starting a layoff of 50 people or more.
WARN NoticesSee links below for lists of New Mexico plant closure and layoff notices issued under the WARN Act. To access older WARN notices or if you have any questions regarding WARN notices, contact Waldy Salazar, State Coordinator for Rapid Response.
WARN provides that, with certain exceptions, employers of 100 or more workers must give at least 60 days' advance notice of a plant closing or mass layoff to affected workers or their representatives, to the State dislocated worker unit, and to the appropriate local government. Effective Date: .
New Mexico 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.
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.
Under New Mexico law, employees are entitled to certain leaves or time off, including military leave, voting leave, domestic violence leave, emergency responder leave and jury duty leave. See Time Off and Leaves of Absence. New Mexico prohibits smoking in the workplace and texting while driving. See Health and Safety.
