What notices must be given before an employee is terminated or laid off?
Category: Human Resource Policies and Pandemic Planning Workplace Questions
Sub-Category: Layoff/Termination/Firing
Answer:
In certain cases, employers must give the workers advanced notice of mass layoffs or plant closure. The Worker Adjustment and Retraining Notification Act (WARN Act) provides specific information on advance notice, employer responsibility and workers’ rights during mass layoffs or plant closure.
Some states may have requirements for employee notification prior to termination or lay-off.
Note: As an overall matter, employers should be guided in their relationship with their employees not only by federal employment law, but by their own employee handbooks, manuals, and contracts (including bargaining agreements), and by any applicable state or local laws.
Not all of the employment laws referenced apply to all employers or all employees, particularly state and local government agencies. For information on whether a particular employer or employee is covered by a law, please use the links provided for more detailed information. This information is not intended for federal agencies or federal employees -- they should contact the U.S. Office of Personnel Management (OPM) for guidance.
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Last Updated: 01/24/2008
