State:

Hide Topic Navigator
Layoff
National Summary
The Worker Adjustment and Retraining Notification Act (WARN Act) provides protection to workers, their families, and communities by requiring employers to provide advance notification of plant closings and mass layoffs. Advance notice is designed to provide workers and their families some transition time to adjust to the prospective loss of employment, to seek and obtain alternative jobs and, if necessary, to enter skill training or retraining that will allow these workers to successfully compete in the job market. The Act also provides for notice to state dislocated worker units so that dislocated worker assistance can be promptly provided.
Not all plant closings and layoffs are subject to the Act, and certain thresholds must be met before the Act applies. WARN Act violations can be expensive, as damages and civil penalties can be assessed against employers that violate the Act. There is also a host of issues that employers must consider in connection with layoffs, such as the possibility of discrimination suits, the notice requirements for and the cost of healthcare continuation coverage, and whether to provide outplacement services and/or severance pay. Employers may also want to anticipate rehiring laid-off workers and taking advantage of government training and retraining programs.
Summary for [Your State]
Related Topics
Resources
Filter Document Types:
Filter Dates: Applies to News & White Papers
TypeTitleDateState
151873index.aspxQuestions & Answers An employee was laid off during a time of financial difficulty. We are now prepared to staff the functions previously performed by the laid off employee. Do we have to offer the job to the employee who was laid off?  National
151858index.aspxQuestions & Answers Are there any restrictions on letting an employee go by eliminating their position?  National
151853index.aspxQuestions & Answers Are we required to hire back employees we layed off?  National
155723index.aspxQuestions & Answers Can a company who goes through a layoff, recall an employee for the same job with a lesser salary? Is there a law which dictates how long a recall time line should be or is it up to the company to dictate that in their company policy?  National
151866index.aspxQuestions & Answers Company is downsizing and for a severance package they are paying the employees medical coverage for 3 months plus paying them unused vacation time and giving them an 80 hr paycheck, can this be done and stay inside the ERISA guidelines?  National
151856index.aspxQuestions & Answers Does senority play a role in layoff?  National
151854index.aspxQuestions & Answers Does the WARN act apply when we are eliminating 4 of 11 jobs in our Pennsylvania office due to lack of work?  National
151855index.aspxQuestions & Answers I have been told that my company is going to close its doors. Do you have any check lists for closing down a business?  National
151863index.aspxQuestions & Answers I have employee who has been off on unpaid leave since Feb. of 2002, we have had a down sizing and eliminated that department. Do I have to let this employee come back and actually work before she is laid off or can it be done before?  National
151859index.aspxQuestions & Answers If a small company is bought from another company, are there any laws that gives employers of bought out companies a set amount of lay off notice? How would they know if their job is secure? What are the laws governing the employees rights?  National
151865index.aspxQuestions & Answers If an employee is on FMLA leave during a layoff - is the employee protected from the layoff?  National
151868index.aspxQuestions & Answers If an employee is part of a RIF and then the position re-opens 2 months later, do you have to offer the position to the ex-employee first?  National
151878index.aspxQuestions & Answers If we are downsizing, can we ask employees who are to be laid off for a non-compete for specific companies?  National
151879index.aspxQuestions & Answers In the state of Texas are there any requirements for notice to the employee, when the company may have a reduction in force?  National
156247index.aspxQuestions & Answers Is there a time frame an employer must wait before filling a position where the employee who previously held the position was laid off? Does an employer have to offer the laid off employee the position?  National
156465index.aspxAnalysis Layoff  National
152962tools.aspxPolicies Layoff and recall procedure policy (progressive)  National
152963tools.aspxPolicies Layoff and recall procedure policy (standard)  National
153075tools.aspxChecklists Layoffs Checklist  National
152964tools.aspxPolicies Layoffs policy (standard)  National
152965tools.aspxPolicies Layoffs policy (standard)  National
152961tools.aspxPolicies Layoffs policy (union)  National
151862index.aspxQuestions & Answers My company is downsizing due to the economy. I have one employee who has been on unpaid leave since Feb. 5. I also have a woman who is 8 months pregnant. They want to lay these people off, can that be done?  National
151874index.aspxQuestions & Answers My problem is having to tell a 15 year employee that she is being laid off. What is a good time and how nicely can this be told?  National
151881index.aspxQuestions & Answers Our company may be forced to close soon. What are the responsibilities of the HR manager?  National
151857index.aspxQuestions & Answers Questions on WARN -- Is it ok if we have 100 or more employees, but at multiple locations? What is concidered mass layoff? Can you notify employees about mass reduction, but not say who is being reduced until the day of layoffs?  National
151871index.aspxQuestions & Answers We are a small publishing company, our main office in the UK. How much notice when we give a layoff? What is an appropriate severance? Do we have to have any agreement signed or can we just lay off specific job titles?  National
156312index.aspxQuestions & Answers We are downsizing several employees and offering them a severence package. In return we are asking them to sign a general release that they will not file a claim against the company. Is there a legal length of time we must allow an employee to review  National
151867index.aspxQuestions & Answers We are planning our first reduction in workforce, and it will effect 6 or more people. We would like to do them all at once, what is the best way to get all of them together?  National
151860index.aspxQuestions & Answers We are redoing our restaurant and need to layoff 7 managers and about 90 waitstaff for 3-4 weeks. Do you have any ideas on how to do this?  National
151875index.aspxQuestions & Answers We have a no rehire policy but we have allowed some employees to return. Our concern is we are opening ourselves up to liability. Do you have some verbage to this affect to incorporate into a rehire policy?  National
151877index.aspxQuestions & Answers We have plans for a reduction in force on Fri, but we will be doing one on Thurs as the employee has a vacation scheduled for Fri. We are planning to replace him with someone less expirenced but making more money. In Texas, what are our liabilities?  National
151880index.aspxQuestions & Answers We laid off several employees, but our business has picked up somewhat, enough that we would like to bring back three employees. However, it appears we only have enough work to last two months. Do you have any suggestions?  National
151852index.aspxQuestions & Answers What are some of the Do's and Don'ts of implementing a Reduction in Force? Also how should you go about doing it?  National
151876index.aspxQuestions & Answers What do I do when the company is moving? How much time do i need to give the employees notice when we move? Who do i need to contact to let them know about our move?  National
151872index.aspxQuestions & Answers When cut backs are needed in an area or department can a manager lay off a permanent full time employee and keep a temporary employee (from a temporary placement agency) if both are doing the exact same job?  National
151861index.aspxQuestions & Answers With the recent trends in staff reductions what actions are employers taking and what type of severance packages are being offered?  National
WEBARRAY6
Copyright © 2014 Business & Legal Resources. All rights reserved. 800-727-5257
This document was published on http://Compensation.BLR.com
Document URL: http://compensation.blr.com/Compensation-topics/Performance-Termination/Layoff/