Layoffs and plant closures can bring immense stress and uncertainty in their wake, leaving California workers worried about their financial stability and future. For many, the lack of warning can be overwhelming, as it often entails a sudden loss of income and significant life changes.
Matern Law Group, a leading plaintiff-side employment law firm, is here to provide clarity and support. We help you understand your rights under the California Worker Adjustment and Retraining Notification Act, also known as the California WARN Act.
If you’ve been impacted by a layoff or plant closure, you don’t have to face it alone. Schedule a free consultation with Matern Law Group today to explore your legal options. With our extensive practice areas, we’re ready to advocate for you and your rights.
What is the California WARN Act?
The federal WARN (Worker Adjustment and Retraining Notification) Act and the California WARN Act are designed to protect workers by requiring advance notice of significant employment changes.
The California WARN Act mandates that certain employers provide advance notice before implementing significant workforce reductions. This legislation aims to give employees sufficient time to prepare for job transitions, seek new employment, or pursue retraining opportunities.
While California and federal WARN Acts require a 60-day notice period, the California version typically has broader coverage.
What You Need To Know About the California WARN Act: Who It Covers and When It Applies
California’s Worker Adjustment and Retraining Notification Act applies to businesses with 75 or more employees, including part-time workers, within the past 12 months. This means that if you work for a medium or large company, your employer is likely required to follow this law.
Employers will need to provide advance notice when planning major workforce changes, such as the following:
- Mass Layoffs: If 50 or more employees are laid off within 30 days.
- Worksite or Plant Closings: When an entire employment site is permanently shut down, regardless of the number of employees affected.
- Relocating: When a business moves at least 100 miles away.
These employment laws and rules are in place to protect workers and ensure they have enough time to prepare for changes.
What Information Must Be Included in the California WARN 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, employers must notify the Local Workforce Development Board and the chief elected official of each relevant city and county and provide written notice to employees. This extra layer of protection helps ensure local authorities are aware of the changes and can prepare for their 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 has failed to comply with the California WARN Notice requirements by not giving proper notice before a closure, mass layoff, or relocation, it’s important to take action. Start by gathering all relevant details, such as when you were informed about the changes, the number of employees affected, and any communication from your employer.
You may be entitled to compensation, including:
- Back pay for up to 60 days: The 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.
For the best results and peace of mind, it’s wise to proceed with an employment lawyer who is knowledgeable in WARN Act cases. An experienced attorney can carefully assess your situation, determine if the law applies, and guide you through the legal process with knowledge and compassion.
If multiple employees have been affected, your lawyer may also explore the possibility of filing a class action lawsuit, which allows a group of workers to seek justice and compensation collectively.
Let Matern Law Group Fight for You and Give a Voice to Your Rights
If you have been affected by a plant closure, mass layoff, or relocation and suspect that your employer violated the WARN Act, Matern Law Group is here to help. Our experienced employment lawyers can review your situation and advise you on your legal options. In addition to WARN Act violations, we can assist with claims involving missed meals and rest breaks, wrongful termination, retaliation, and more.
Don’t face this difficult time alone or wonder if your rights are being overlooked. Contact us at the Matern Law Group, and let us stand with you to secure the outcome you deserve.
