A mass layoff at any workplace can have a serious impact on the lives of the employees who lose their jobs and those who depend on their income. It can also have a negative effect on businesses in the community and the trajectory of a city or town as a whole.
To try to offset some of the negative impacts, the federal government has what’s known as the WARN Act. The acronym stands for Worker Adjustment and Retraining Notification. It requires employers to provide written notice in advance of any impending layoff at a particular site or if a plant is closing. There are exceptions for unforeseen circumstances, like a natural disaster, that drastically affect or shutter a business.
Some states have their own WARN Acts (sometimes called “mini-WARN Acts”) that enhance the protections provided under federal law. On Sept. 29 of this year, Ohio became one of those states.
Some highlights of the new state law
The Ohio law, like the federal law, applies to employers with at least 100 full-time employees (FTE) and requires a 60-day written notice in either of the following cases:
- At least 50 employees are going to be laid off and the number of employees represents one-third of the workforce.
- At least 500 employees are going to be laid off within 90 days or less.
Employers must provide WARN notices not just to the affected employees. They must also notify state and local government officials and union representatives with members who will be impacted.
In addition to the information that must be included in the employee WARN Notices under federal law (such as the date and reason for the layoff/closure), the new Ohio law requires these notices to include information about unemployment benefits and other assistance programs.
Further, in the notices to government officials, employers must provide information about “[a]ctions taken by the employer to mitigate or avoid the closure or mass layoff.”
As the U.S. Department of Labor says, “Advance notice gives workers and their families some transition time to adjust to the prospective loss of employment, to seek and obtain other jobs, and if necessary, to enter skill training or retraining that will allow these workers to compete successfully in the job market.”
Those who don’t believe their employer has complied with the law have a right to ask questions. If you’re not getting the answers you think you deserve, it may be worthwhile to seek legal guidance to help ensure that your rights are protected.