Layoffs and plant closures can cause stress and uncertainty for California workers. Matern Law Group, a leading plaintiff-side employment law firm, is here to help you understand your rights under the California Worker Adjustment and Retraining Notification Act, also known as the California WARN Act.
What is the California WARN Act?
The federal WARN (Worker Adjustment and Retraining Notification) Act and the California WARN Act are both designed to protect workers by requiring advance notice of significant employment changes. California’s WARN Act typically has broader coverage than the federal WARN Act.
California’s WARN Act generally requires employers with 75 or more employees to provide written notice at least 60 days before:
- Plant closings: When an entire employment site shuts down.
- Mass layoffs: The company lays off 50 or more employees within a 30-day period.
- Relocating: When there is a relocation of at least 100 miles.
What information must be included in the notice?
The WARN Act requires the employer’s written notice to include specific details, such as:
- The name and address of each employment site where the closure or mass layoff will occur;
- A statement as to whether the change is expected to be permanent or temporary;
- The expected date of the layoff or closure and the expected separation date for each employee;
- The job positions to be affected and the number of affected employees; and
- The name and telephone number of a company official to contact for further information.
Under California’s WARN Act, in addition to providing written notice to employees, employers are also required to send the notifications to the Local Workforce Development Board and the chief elected official of each relevant city and county in California. This extra layer of protection helps to ensure that local authorities are aware of the changes and can prepare for the potential impact on the community.
Exceptions to the WARN Act
There are some exceptions to the WARN Act’s notification requirement. These may include:
- War and natural disasters: No notice is required if the mass layoff, relocation or closure is caused by a physical disaster or war.
- Temporary jobs or seasonal employment: When an employee is hired for a temporary or seasonal job, no notice is required when the season or project comes to its expected end.
- Capital or Business Pursuit: In certain cases, if an employer actively seeks business or capital and notifies the Department of Industrial Relations (DIR), the employer might not need to give notice before relocating or terminating employees.
What can you do if you believe the WARN Act has been violated at your workplace?
If you believe your employer violated the WARN Act by failing to provide proper notice before a closure, mass layoff, or relocation, you may be entitled to compensation. This can include:
- Back pay for up to 60 days: The amount of wages you would have earned during the required 60-day notification period.
- Continuation of Benefits: Continuation of your health insurance and other benefits for the 60-day notice period.
Matern Law Group will fight for your rights under the WARN Act.
If you have been impacted by a plant closure, mass layoff, or relocation and suspect that your employer violated the WARN Act, contact us for a free consultation. Our experienced employment lawyers can review your situation and advise you on your legal options.
Don’t be left in the dark. Know your rights under the WARN Act. Matern Law Group stands with California workers!
