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The Workers Adjustment Retraining Notification Act (WARN Act) requires employers to provide 60 days notice to all employees being laid off in a WARN event.
A WARN event is defined as a mass layoff at a facility in which 50 or more full time, six-month tenured employees are laid off within 30 days of each other. Further, the 50 or more affected employees must comprise at least one third of the total employees working at the affected facility before the WARN event took place. If 500 or more employees from one facility are laid off, the WARN Act also grants protection.
Not all employers are covered by the WARN Act; employers must have at least 100 employees, counted in accordance with the act, for the law to apply.
If you were involved in a layoff that did not comply with the WARN Act, you may be eligible for one day of severance plus benefits for every day that passed in which you did not receive your entitled notice.
In other words, if you were given zero notice, then you may be entitled to sixty days severance plus benefits.
Due to the nature of mass layoffs, it is very common for the company involved to file for bankruptcy protection. If this happens, you may still consult with an employment lawyer because a bankruptcy filing does not necessarily mean the company is immune from the WARN Act. Many WARN cases are brought in bankruptcy court.