The WARN Act: Are You Entitled to Receive Notice?

Any employee who relies on his or her income will feel substantial stress and strain if unexpectedly let go from that position. To protect employees from the shock of an unexpected job loss, the Worker Adjustment and Retraining Notification (WARN) Act was enacted in 1988. The WARN Act requires employers to provide notice 60 days in advance of certain plant closings and mass layoffs. The Act defines which parties are entitled to receive this important notice.

Seven Parties Entitled to Notice Under the WARN Act

If you were laid off from your oil or gas position and did not receive advance notice, your employer may have violated provisions of the WARN Act. The following is a general guide as to what parties are entitled to notice:

  1. The chief elected officer of the exclusive representative or bargaining agency of the employees that will be laid off.
  2. Individual employees who are not represented by others who may reasonably be expected to experience an unemployment loss. This may include employees who may lose their job due to “bumping.” Bumping occurs when the employee is displaced by another worker. The employer is required to give notice to employees who may lose their job due to bumping to the extent that the employer can identify the employees who may be bumped at the time the notice is given.
  3. If the employer is unable to identify employees who may be subject to bumping, the incumbents in the jobs which are being eliminated must receive notice.
  4. Employees who have worked less than 6 months during the last 12 months. This is true even when the employees are not counted for purposes of determining when the WARN Act requirements are triggered.
  5. Employees who work an average of less than 20 hours a week. Again, this is true even when the employees are not counted for purposes of determining when the WARN Act requirements are triggered.
  6. The State dislocated worker unit.
  7. The chief elected official of the unit of local government in which the employment site is located.

If you were laid off unexpectedly, we know that you may have suffered significant financial and emotional harm as a result. We are here to help. To learn more, we encourage you to check out our client testimonials page today.