West Virginia Sample WARN Letter - State Agency of Local Government Official
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FAQ
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.
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.
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.
WARN protects employees, their families, and communities by requiring employers to give a 60-day notice to the affected employees and both state and local representatives before a plant closing or mass layoff.
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.
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).
While West Virginia has no layoff notice requirements of its own, state agencies assist in enforcing the requirements of the federal Worker Adjustment and Retraining Notification Act (WARN Act). The WARN Act imposes restrictions on the way layoffs are handled.
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.
What is the difference between the California and federal WARN Acts? The California WARN Act (Labor Code 1400 1408 LC) is generally more employee-friendly than the federal law's WARN Act. (This is the case with most other California labor laws as well, such as wrongful termination laws and workplace harassment laws.)
