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Workers in every state have protections under the federal WARN Act. However, some states have also passed their own mass layoff laws. The major states with WARN Acts include California, New York, Illinois, and New Jersey.
Cal-WARN, which is the state version of the federal WARN Act, is triggered by 50 or more layoffs of covered employees within a rolling 30-day window. The 60-day notice requirement also applies when the business is terminating operations or relocating its operations 100 miles or more away.
Virginia does not have its own state WARN law and instead adheres to the Federal Worker Adjustment and Retraining Notification (WARN) Act.
In Virginia, in the absence of an employment contract, an employer usually has no obligation to provide an employee severance pay. If severance pay is offered, an employer will almost always provide the employee with a severance agreement. It is important to obtain legal advice before signing such an agreement.
Required Forms I-9 Employment Eligibility Form. W-4 Federal Tax Withholding Form. VA-4 Virginia State Tax Withholding Form. Disability Self-Identification Form. Virginia New Hire Reporting Form.
The Virginia Employment Commission was at the center of a class-action lawsuit last year alleging ?gross failures? in providing residents with unemployment benefits throughout the pandemic.
The WARN Act applies to your organization if you have over 100 full-time employees. The WARN Act applies to all publicly and privately held companies. The WARN Act applies to all organizations that are for-profit or not-for-profit. A WARN notice must be given if there is a plant closing or a mass layoff.
Effective July 1, 2023, Virginia expanded the law to include a ban on employers from requiring incoming and current employees to execute confidentiality and non-disparagement agreements that would force the employees to conceal sexual harassment claims, as well.