What is WARN Act, What does Warn Act Do

The WARN Act requires employers to give their employees 60 calendar day notice of mass layoff or plant closing if it affects at least 50 employees at a single employment site. There are some exceptions, such as when natural disasters cause the layoff or closure.

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Here are some of the provisions the WARN Act has for natural disasters.

When the mass layoff or plant closure is directly caused by a natural disaster, employers must give as much notice as possible. This may often be after the natural disaster has occurred. The employer may send notice to the employer’s last address, even if their home has been destroyed. The WARN Act recognizes that the information may be limited due to the circumstances.
If the natural disaster destroys the plants and employee records have been destroyed, then the employer can still show good faith. This may be posting notices at the worksite or in a newspaper explaining that due to the circumstances individual notices are not possible.
If the employer does not have the employee’s last known address or access to the employment site, then the employer should follow the advice above for if the plant has been destroyed.

Even if the employer gave no notice in the above circumstances, it might not be liable for failure to notify employees as per the WARN Act. However, if an employer wants to rebuild and rehire a workforce, it is in its best interests to do right by its employees and make every effort to give their employees advance notice. This will protect the company’s public image, retain the goodwill of its employees, and its standing in the industry for when it is ready to hire a workforce again.

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