What is the Worker Adjustment and Retraining Notification Act (WARN)?
The Worker Adjustment and Retraining Notification Act (WARN) is a federal law that requires most employers in the United States to provide their employees with advanced notice if a mass layoff, plant closing, or other large-scale event is going to occur in the workplace. The WARN Act is designed to protect both employees and communities who may be impacted by such a large-scale event. In South Carolina, WARN requires an employer to provide a minimum of sixty days’ notice if they plan to lay off at least fifty or more people, or if the workforce is reduced by at least thirty percent. Additionally, the employer must provide a written statement to affected employees or their representatives that contains information regarding the reasons for the layoff, dates of expected layoff, and contact information for the person responsible for dispensing the WARN notices. The affected employees must also receive a copy of the WARN notice. The WARN Act also provides affected employees with certain rights. These rights include the right to sue the employer for back pay and benefits, the right to sue employers for damages resulting from the layoff, and the right to receive job training assistance from certain state agencies. Additionally, WARN requires employers to provide certain benefits to eligible employees for a period of up to ninety days after a layoff. In summary, the Worker Adjustment and Retraining Notification Act (WARN) is a federal law that requires most employers to provide their employees with advanced notice if a mass layoff, plant closing, or other large-scale event is going to occur. It is designed to protect both employees and communities who may be impacted by such a large-scale event and provides affected employees with certain rights, such as the right to sue the employer for back pay and benefits, and the right to receive job training assistance.
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