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Sixteen states, with New Jersey being the most recent addition and New York soon to follow, currently have laws requiring advance notice to employees or others in the event of worksite closings or large layoffs.
In many states, this analysis is further complicated by state WARN Acts (often called, Mini-WARN Acts). West Virginia, however, does not have its own Mini-WARN Act.
Virginia has no mini-WARN Act or other notice requirements for group layoffs (see Question 1). 7. Are there any exceptions to the notice requirements identified in response to Question 1? Virginia has no mini-WARN Act or other notice requirements for group layoffs (see Question 1).
The federal Worker Adjustment and Retraining Notification (WARN) Act requires employers to notify employees of an upcoming plant closing or large-scale layoff. Employers who don't give the required notice can be ordered to pay damages.
The following states or territories have their own versions of the WARN Act that expand on the protections of the federal law, by covering small layoffs or by having fewer exceptions: California, Hawaii, Illinois, Iowa, Maine, New Hampshire, New Jersey, New York, Tennessee, Wisconsin and the Virgin Islands.
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.
Not all dislocations require a 60-day notice; the WARN Act makes certain exceptions to the requirements when employers can show that layoffs or worksite closings occur due to faltering companies, unforeseen business circumstances, and natural disasters.
In the Commonwealth of Virginia which is an at-will employment state there are few protections against termination. There are various federal and state laws, though, that prohibit discrimination and harassment, and can support a wrongful termination claim.