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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.
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.
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).
Worker Adjustment and Retraining Notification Act (WARN) (29 USC 2100 et. seq.) - Protects workers, their families and communities by requiring most employers with 100 or more employees to provide notification 60 calendar days in advance of plant closings and mass layoffs.
A few states go further and require employers to pay a small severance or continue employee health insurance for a short period after the layoff. However, Virginia doesn't have a mini-WARN law. Virginia employees have rights only through the WARN Act.
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.
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.
Under certain circumstances, the Worker Adjustment and Retraining Notification ( WARN ) Act requires you to provide notice 60 days in advance of plant closures or mass layoffs. The WARN Act is intended to offer protection to workers, their families and communities.
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.
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.