WARN Act: When Your Employer Owes You 60 Days Notice
A plain-English guide to the federal Worker Adjustment and Retraining Notification Act, state mini-WARN laws, and what you can do if your employer didn't comply.
What the WARN Act is
The Worker Adjustment and Retraining Notification Act is a federal law passed in 1988. It requires covered employers to give 60 days of written notice before a mass layoff or plant closing. Several states have their own stricter versions, often called mini-WARN laws.
Did your layoff trigger WARN?
Three questions to work through. If the answer to all three is yes, federal WARN likely applies. Then check the state section below.
- Does your employer have 100 or more full-time employees, or 100 or more employees who together work 4,000+ hours per week (excluding overtime)?
- Did the layoff affect 50+ employees at one site (plant closing), 500+ at one site (mass layoff), or 33%+ of the workforce AND 50+ at one site?
- Did the affected job losses occur within a 30-day period (or in some cases a 90-day aggregation window)?
Examples
A company with 30,000 employees lays off 500 workers at a single office. Federal WARN applies (mass layoff: 500+ at one site).
A company with 200 employees lays off 50 workers spread across multiple offices, with no single site losing 50+. Federal WARN does not apply (no single site meets the 50-employee threshold).
A company with 200 employees closes one office where 50 workers were employed. Federal WARN applies (plant closing: 50+ at one site).
A company with 100 employees lays off 40% of staff (40 workers) across multiple offices. Federal WARN does not apply (total affected is below 50).
Federal vs. state mini-WARN
Federal WARN sets a floor, not a ceiling. Several states — including California, New York, New Jersey, Illinois, and Hawaii — have stricter rules that may apply even when federal WARN does not.
California
75+ employees. 50+ affected within a 30-day period triggers notice, regardless of company size relative to federal thresholds.
New York
50+ employees. 25+ affected and 33% of the site triggers notice. Plant closing triggers at 25 affected.
New Jersey
100+ employees. 50 affected triggers notice regardless of percentage. 90 days of notice required and severance is mandated.
Illinois
75+ employees. 250+ affected, or 25+ at a single site representing 33% of the workforce, triggers notice.
Hawaii
50+ employees. Any closing or relocation can trigger notice.
Rules differ in details and update over time. Confirm your state's current thresholds with qualified counsel or your state labor agency.
Three exceptions employers commonly claim
Faltering company
Applies to plant closings only, not mass layoffs. Narrowly applied: the employer must show it was actively seeking capital that would have avoided the closing, and that giving notice would have prevented obtaining it.
Unforeseeable business circumstances
Sudden, dramatic, and unexpected events outside the employer's control. Courts evaluate whether the circumstance was truly unforeseen at the 60-day mark.
Natural disaster
Floods, earthquakes, and similar events. Notably, the Fifth Circuit ruled in Easom v. US Well Services that the COVID-19 pandemic did not qualify as a natural disaster for WARN purposes.
Even when an exception applies, employers must still give as much notice as practicable and explain why notice was shortened.
What if your employer violated WARN?
The standard penalty is up to 60 days of back pay and benefits for each affected employee, minus any wages or severance the employer already paid covering that period. Some employers pre-pay 60 days of severance to effectively buy out the WARN obligation; this is generally permitted under U.S. Department of Labor guidance.
Remote employees
WARN was written before remote work was common. The most widely used interpretation ties a remote employee to their "single site of employment" — typically the office to which their manager or reporting chain is assigned, or their designated home base. Counsel can help you identify which site governs your case.
What WARN doesn't cover
WARN is about notice, not the amount or generosity of severance. It does not guarantee severance pay (with New Jersey as a state-level exception) and does not replace severance negotiation. See our severance prep guide for what to review before signing, and the COBRA & benefits guide for health-coverage timing.
If you suspect a WARN violation
- Document the layoff date and the date you received notice (or the lack of any notice).
- Save all written communications from your employer, including emails, separation letters, and any WARN notice you did receive.
- Consult an employment attorney about your specific situation. Our HR & negotiation prep guide can help you organize what to bring.
WARN violations have a statute of limitations — act within a reasonable timeframe.
For visa-dependent workers, WARN issues can interact with your 60-day grace period and other immigration timelines. Prepare both tracks with qualified counsel. See also our HR conversation guide.
References
This guide is based on the federal Worker Adjustment and Retraining Notification Act (WARN Act, 29 U.S. Code Chapter 23) administered by the U.S. Department of Labor. State mini-WARN laws referenced come from each state's labor agency: California Employment Development Department, New York State Department of Labor, New Jersey Department of Labor and Workforce Development, Illinois Department of Commerce and Economic Opportunity, and Hawaii Department of Labor and Industrial Relations. For your specific situation, consult an employment attorney licensed in your state.
Laid Off in America provides general educational planning support only. It does not provide legal, immigration, financial, tax, employment, insurance, or benefits advice. Consult qualified professionals before signing agreements, changing benefits, making immigration decisions, filing claims, or making financial commitments.