Tell HN: WARN Act may provide prior notice of layoffs

[ptrhvns]

IANAL, but in the United Stated, if you are nervous about getting laid off from work, you might be able to get a 60 day prior notice due to the WARN Act:

https://www.dol.gov/agencies/eta/layoffs/warn

For example, here are the real time listings online for Colorado:

https://cdle.colorado.gov/employers/layoff-separations/layoff-warn-list

By clicking on the "View Real Time Warns" button, I can see that DISH is planning to have a layoff on Feb 8, 2024 of 157 people. I assume there are similar sites for other states.

[paxys]

You aren't going to learn anything new by looking at the website. If you are getting laid off your employer has to notify you directly.

You also aren't going to get advance notice, in the sense that they will fire you immediately and then continue paying you for the next 60 days, which satisfies the notice requirements.

[dataflow → paxys]

You don't get fired immediately and then paid, right? You're still technically employed as I understand it, just not allowed to come to work. Which can have implications regarding your obligations.

[owlninja → paxys]

My memory is fuzzy but my company did a "mass layoff" many years ago and something about letting go of >500 people required them to send a notice to the entire company? Even still I believe those that actually got let go, were notified and walked out of the building - the individual didn't know beforehand.

[hbcondo714]

I emailed[1] the WARN Notice program in California[2] last year requesting the WARN record for my former employer that laid me off. Their response was:

We have not received any WARNs...It is an employer's responsibility to file a WARN notice and notify the appropriate people (employees, EDD, chief elected officials, and local areas).

[1] WARNNotice@edd.ca.gov

[2] https://www.dir.ca.gov/dlse/Cal-WARNAct.html

[d4mi3n]

IANAL, but having gone through this a few times, a few things to be aware of with the WARN Act:

1. While the WARN Act is a federal provision, some states have their own versions of it that are more demanding or that change the definition of what qualifies as a mass layoff. Look up WARN Act provisions for your state if you're unsure.

2. The WARN Act stipulates _either_ 60 days notice _or_ 60 days severance+healthcare payments in addition to the legally mandated payouts+healthcare.

3. The Warn Act does not cover equity, though I have heard of some folks negotiating better severance agreements.

Anything beyond WARN is not something your state will entitle you to during a mass layoff. WARN provisions cannot be waived, but your employer may incentives or pressure you to waive rights (to sue for wrongful termination, harassment, etc). You don't need to sign anything for WARN, so speak to a labor attorney if anyone tells you otherwise.

EDIT: One thing I learned today is that there are exceptions to a company needing to announce a layoff as per WARN. Page 7 of the DOL WARN handbook[1] notes:

> 1. A "faltering company" is not required to give notice of a layoff or plant closing when, before the plant closing, it is actively seeking capital or business, which if obtained would avoid or postpone the layoff or closure, and if it reasonably believes that advance notice would hurt its ability to find the capital or business it needs to continue operating;

> 2. A business is not required to give a full 60-day’s notice if it could not reasonably foresee business circumstances that led to a layoff or closing at the time that the 60-day notice would have been required, (e.g., a business circumstance that is caused by some sudden, dramatic, and unexpected action or conditions outside the employer’s control like the unexpected cancellation of a major order); or

> 3. A business is not required to give notice if a layoff or plant closing is the direct result of a natural disaster (i.e., hurricane, flood, earthquake, tornado, storm, drought, or similar effect of nature).

1. https://www.dol.gov/sites/dolgov/files/ETA/Layoff/pdfs/Worke...

[stevenzzzzzzz → d4mi3n]

Great summary- we have a more in-depth guide to WARN act and state-level mini-WARN acts here: https://www.warntracker.com/blog/warn-act-guide

[toomuchtodo]

https://www.warntracker.com/

[wheaties]

No, you might not and here's why. I worked at a place that told us we'd be PiP'ing people on our teams that had been selected for us. The condition was some would be on a 2 week, some 4 week, and some 6 week so it all wouldn't be at once. Essentially dragged out over more than 30 days. It tiptoed right around the WARN act, following the letter but not the spirit of the law.

[d4mi3n → wheaties]

This is the sort of thing you talk to a labor lawyer about. I suspect the DOL would also view this dimly if it were brought to their attention.