Overview: When employers have no choice but to layoff significant portions of their workforce, they must be careful to comply with federal and state law. Specifically, the federal Worker Adjustment and Retraining Notification (WARN) Act covers certain employers depending on their size and obligates certain employers (depending on the scope or circumstances of their planned action) to notify employees identified for termination in advance. Some states impose more severe restrictions on employers engaging in layoffs or reduction in forces and employers in those states are bound to comply with both their state's version of the WARN Act and the WARN Act itself.
HR plays an important role in the process of determining whether to proceed with a layoff or reduction in force. Specifically, it must help cultivate performance-related metrics to identify employees for termination, assess any post-termination risks for the employer, manage organizational exit and maintain communication with remaining and outgoing employees, notify the employees to be terminated and finally, work with the remaining workforce to maintain productivity and morale.
Trends: WARN Act terminations which require notification are somewhat cyclical in that they mirror the strength of the economy and may be more frequent during political election and changeover cycles. A periodic review of layoff or reduction in force policies by HR - taking recent developments and changes in the law into consideration - can be extremely helpful in limiting post-event risk to the employer.
It is also important for HR professionals to familiarize themselves with WARN Act legislation to ascertain what types of claims against employers are typically successful. This way, HR can identify problematic areas of its WARN Act protocol before they become costly for the employer.
Author: Michael Jacobson, JD, Legal Editor
Updated to reflect a forthcoming law restricting forum selection clauses relevant to employee terminations.
An employer must file this form with the Georgia Department of Labor within 48 hours following a mass separation of 25 or more employees in one establishment on the same day for the same reason (other than a labor dispute).
An employer must file this form with the Georgia Department of Labor, in conjunction with DOL 402, within 48 hours following a mass separation of 25 or more employees in one establishment on the same day for the same reason (other than a labor dispute).
Updated to reflect amendments to the severance pay and 'mass layoff' requirements, effective July 29, 2016.
Updated to reflect forthcoming legislation that will protect franchisors from being sued as employers or co-employers when disputes arise with employees of franchisees.
Updated to reflect forthcoming legislation clarifying that franchisors are not employers for purposes of disputes with franchisees or the employees of franchisees.
Enhanced to include regulations protecting franchisors from several types of employment litigation, effective May 10, 2016.
Updated to reflect whistleblower protections under the federal Defend Trade Secrets Act, effective May 11, 2016.
Updated to reflect employee retention and notification requirements under the New York City Grocery Worker Retention Act, effective May 8, 2016.
In-depth review of the spectrum of New Jersey employment law requirements HR must follow with respect to Involuntary Terminations
HR guidance on layoffs, reductions in force, compliance with the federal Worker Adjustment and Retraining Notification (WARN) Act, and the importance of understanding corresponding or heightened WARN Act requirements based on state law.