What information do you get with a WARN notice?
WARN is the Worker Adjustment and Retraining Notification Act which is administered by the ETA or Employment and Training Administration in most cases. This act covers certain types of employees including hourly workers, salaried workers, supervisors and managers. The basic provisions of the act require employers to provide at least 60 day notice in the event of workforce adjustment, mass layoffs, and/or plant closings.
Notice required for WARN allows employees time to adjust to the loss of their jobs and time to find other employment. When layoffs or plant closings occur an employer needs to take steps to provide for a notice to affected employees and their representatives. The use of a WARN service can aid in this process.
A notice to employees needs to include a statement of the planned employer action. This notice also needs to include if the action taken is permanent or temporary and if a plant closing is for the entire plant. If a notice is sent, it will include the time of the plant closing, when the layoffs are to begin and the date of separation of an affected worker. In addition, a telephone number for a company official whom a worker can contact will be provided.
Notices to employee representatives are required to include much of the same information included in an employee notice. This includes the address and name of the plant/office set to close or where the workers will be laid off or workforce adjustment. A notice will need to include the name of a company official who can be contacted for any questions. An employee representative notice should include if the plant closing is temporary or permanent and if an entire plant is to be closed. The notice should also include all of the job titles of affected employees and the names of employees holding affected positions.
Employers that are in violation of the WARN act are subject to fines. These fines are assessed when the employer is found to be liable and require back pay and benefits for up to 60 days during the period for a violation. Entities not affected by the WARN act are those that are within local, state and federal areas of government. Contact the United States Department of
Labor for information about the WARN act.
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