Are you familiar with the Worker Adjustment and Retraining Notification Act? This legislation was created back in 1988 for the protection of workers, their families and communities. With this act, employers must give notice a minimum of 60 days before layoffs or closings occur. The layoff or closing notice must be given to a number of people: the employee or his labor representative, the local chief elected official and the state unit for dislocated workers. President George H.W. Bush signed this bill on August 4, 1988 and it went into effect the following year on February 4. If you have been laid off without receiving this notice, your employer may be in violation of the act.

Only employers who have at least 100 employees must provide notice of impending layoffs under the Worker Adjustment and Retraining Notification Act. When determining which employees must be counted for this purpose, the employer must look at hourly employees as well as those who are on salary. If an employee works less than 20 hours each week or has not worked for six of the past twelve months, he or she doesn’t have to be counted. The same is true of business partners and freelance contractors. Public, semi-private and private companies must follow this act although governmental bodies at any level do not have to report impending layoffs.

The same conditions concerning layoffs apply if a plant will be closing. The definition of a plant closing is any work site which shuts down completely leading to layoffs for a minimum of 50 workers over a 30 day period. Retirement, voluntary or mandatory, and dismissal along with a 50% reduction of hours during a six month period all must be reported under this act. The same is true of layoffs which will last more than six months. Mass layoffs are also governed by WARN.

There are some exceptions that you must be aware of if you have been notified of impending layoffs or if you have already been laid off. Temporary workers are not covered under this legislation nor are those who are working on an finite project. Workers must have been informed that these positions were temporary though. Layoffs which result from a lockout during labor negotiations do not require this notice nor do layoffs resulting from a natural disaster or other emergency. If you feel your employer has laid you off without providing the proper notice, contact your local labor board. They can advise you as to your next step.