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What the WARN Act Is and How It May Affect You If You Get Laid off from Work

Due to the economy and other problems, many companies and businesses across the country have been forced to layoff many employees in an effort to save money and to avoid other business troubles. It is important as an employee that you know about the Worker Adjustment and Retraining Notification Act or WARN act and what your rights are if you lose your job due to a layoff or business closing. If this has happened to you or someone you work with, you should speak to an employment lawyer right away for more information about your rights.

What Does the WARN Act Mean?

The WARN act is also known as the Worker Adjustment and Retraining Notification Act. It means that if your company has one hundred or more workers that have worked for the company for at least six months in the past year and for more than twenty hours in one week, then the company or business is required by the law to inform their employees in writing at a minimum of sixty days before shutting down a business or enforcing major layoffs within that business. This act also applies to private for profit businesses as well as non-profit businesses. However, businesses that are not under this act include: federal and state government businesses that offer a service to the general public.

Am I Protected by the WARN Act?

If you are a worker that works more than twenty hours per week and are either paid hourly or by salary, then you are protected by this act. You may not be protected by this act if you are:

  • A worker that works twenty hours or less
  • If you have gone on a strike
  • If you are an independent contractor or short term- employee
In What Situations Does the WARN Act Apply?
  • If a business or company is closing - a business must provide their workers with this notice if the business will be closing or shutting down and if this means that fifty or more workers will be fired during one month.
  • If there will be major layoffs - if the business is remaining open but they plan to layoff five hundred or more employees in one month or if the layoffs include a minimum of thirty-three percent of the workers, then the business must provide their workers the sixty days of notice.

A business or company might also have to provide sixty days notice to their workers if the layoffs are less than thirty-three percent of the workers in a month but if the layoffs increase to that amount within three months of the business closing or major layoffs.

When Should I Contact a Tennessee Employment Attorney about the WARN Act?

If your company or business does not provide you with at least sixty days notice of a major layoff or closing or if the notice is not in writing, then you should speak to one of our experienced and knowledgeable Tennessee employment attorneys immediately. We care about our clients and will help answer any questions you may have about your rights and help you to get the compensation you may be entitled to by law.

Contact us online or call us at 800.705.2121 to set up a FREE consultation to discuss your legal options

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