Layoff Notification (WARN)

HR Policy Association opposes any expansion of the Worker Adjustment and Retraining Act (WARN) that would expand the time or incidence of required notice, imposing new increased costs on employers in a difficult economic climate, further complicating compliance and increasing the likelihood of technical violations by well-intentioned employers.  Where possible, employers should provide as much advance notice to employees who will experience long-term layoffs or termination to enable them to readjust and obtain new employment in a timely manner. WARN provides a 60-day notice period for covered mass layoffs and plant closings.  The Act contains certain disincentives to providing more than 60 days’ notice, such as requiring a level of detail in the notice provision that becomes increasingly more difficult to provide as the time span between the notice and the event increases.  Meanwhile, for many employers, the ebb and flow of business needs frequently does not allow the full sixty days, particularly when the minimum number for the WARN trigger is involved.  The Association would support providing greater flexibility under the Act to accommodate both of these realities, while opposing any changes that would expand the time or incidence of required notice, imposing new increased costs on employers in a precarious economic climate, further complicating compliance and increasing the likelihood of technical violations by well-intentioned employers.