Worker Adjustment and Retraining Notification

Losing a job is a devastating experience, filled with fear and uncertainty. Losing a job with no warning can be even more devastating, putting the employee and their family at risk for financial turmoil. However, the WARN Acts enacted at the federal and New York levels require employers to give affected employees a 60-day warning of these layoffs under certain circumstances, allowing the employee and their family valuable time to prepare and seek out alternate employment.

If you or a loved one have been laid off without warning in violation of the WARN Act, or want to know more about your rights and options for recourse under the WARN Act, turn to the trusted New York WARN Act legal team at Brustein Law. We will guide you through the process, advise you of your rights, and help you navigate the complexities of the federal and New York WARN Acts.

What Is the WARN Act?

Signed into law in 1988, the federal Worker Adjustment and Retraining Notification Act, or WARN for short, is designed to protect employees and their families by requiring advance notice before a company closes its doors, closes a plant, or engages in mass layoffs. This act applies to employers who have over 100 employees and makes it a legal requirement to provide 60 days’ notice in writing to the affected employees if:

  • at least 50 employees are laid off within a 30-day period, and those 50 employees make up at least one-third of the workforce,

  • 500 or more employees are laid off within a 30-day period regardless of workforce size, or

  • An entire work site or plant is closed down and at least 50 employees are laid off within a 30-day period.

This notice is designed to give the affected employees time to look for new jobs or seek out retraining opportunities to give the employee a new skill to bring to their job search.

The New York WARN Act: Adding Additional Protections for Employees

The New York State-specific WARN Act takes this coverage one step further, extending these protections to employees of companies with as few as 50 workers, requiring 60 days’ written notice for any mass layoffs, along with business, site, or plant closures. Enacted in 2009, this legislation is otherwise very similar to the federal WARN Act.

Your Rights Under the Federal and New York WARN Acts

The Federal and New York WARN Acts give

  • Advance Notice: the WARN Acts require employers to notify all affected employees at least 60 days before a business closing or a mass layoff.

  • Severance Pay: In some cases, the affected employees may be legally entitled to severance pay for their sudden loss of employment.

  • Job Placement Assistance: Employers may be required to provide the affected employees with assistance in finding alternate employment or retraining opportunities.

  • Legal Recourse: Both WARN Acts give employees the right to take legal action if their rights under the WARN Acts are violated, giving a clear path to certain remedies such as back pay and continued benefits.

Contact Our Experienced Team Today

If you or a loved one are facing the uncertainty of a workplace shutting down or a mass layoff, trust the knowledgeable and experienced advocates at Brustein Law to ensure your rights are being upheld. We have experience navigating the complexities of the WARN Acts at the New York and federal level, and will fight so you see the remedies and recourse you are rightfully entitled to under law. Contact us today for a free and confidential consultation.