The Worker Adjustment and Retraining Notification Act (“WARN”) requires employers who have a mass layoff to provide each affected worker 60 days written notice that they will be terminated. An employer who violates the WARN provisions by ordering a plant closing or mass layoff without providing appropriate notice is liable to each aggrieved employee for an amount including back pay and benefits for the period of violation, up to 60 days.
They are also supposed to file a notice to a local unit of government. An employer who fails to provide notice as required to a unit of local government is subject to a civil penalty not to exceed $500 for each day of violation. This penalty may be avoided if the employer satisfies the liability to each aggrieved employee within 3 weeks after the closing or layoff is ordered by the employer.
Employees can file individual or class action suits in district court.