What is the WARN Act?
The federal Worker Adjustment and Retraining Notification Act was signed into law in 1989 under President George H. W. Bush. It is intended to protected workers and their families by giving them time to prepare for massive layoffs or a plant’s closing. Ideally, they can spend this time searching for new jobs or getting the training they need to be competitive in the current market.
A business that fails to follow the WARN act can be subject to lawsuits and potentially other kinds of legal action. Every business owner should be familiar with the requirements of this Act in case of financial difficulties or disaster. To learn more, contact Des Moines WARN Act lawyers LaMarca Law Group, P.C. at (877) 327-2600.
The Act’s Requirements
WARN applies to most businesses with 100 or more workers. If 50-499 of these workers or 33% of the workforce are going to lose their jobs, the company must provide them with advance notice of 60 calendar days. Any employees who work an average of 20 or more hours per week, including managers and supervisors, must be notified.
There are certain situations in which the Act does not apply. For example, temporary workers who knew the job was not permanent when they accepted it do not need notification. Workers who are currently on strike or involved in another kind of labor dispute are also not covered. Additionally, the Act usually does not apply to government agencies.
A business may be exempt from the WARN Act if any of the following apply:
- Plant closing or job loss due to natural disaster
- Good faith efforts to obtain more capital, which the 60-day notice would prevent
- Financial losses due to severe unforeseeable circumstances
Layoffs are difficult for everyone. A qualified Des Moines business litigation attorney can help you ensure the process goes as smoothly as can be expected for your company.
Des Moines employee layoff attorneys LaMarca Law Group, P.C. can provide the legal assistance you need to avoid costly litigation. Contact our offices today at (877) 327-2600.