Manufacturing jobs once held a status as being among the most lucrative, stable forms of employment a person could have. While those jobs have largely gone by the wayside over the past several years, there are still legal protections in place for those workers in California. One such protection is the California Worker Adjustment and Retraining Notification (WARN) Act. The purpose of the WARN Act is to provide manufacturing sector workers, their families, and communities with a 60-day notice before a plant closing or mass layoff so they can adjust to their potential job loss, seek alternative employment, and obtain new skills and training to compete in the job market.
Every employee deserves to have a safety net in the event that their job is taken away due to circumstances beyond their control. And when an employer fails to perform this duty, the experienced employment lawyers at Maison Law can help these workers hold their employers accountable for their inaction.
What is the California WARN Act?
Even though California is an at-will employment state , certain regulations and laws-such as the WARN Act-supersede California’s at-will doctrine. Like the federal WARN Act, California’s WARN Act has certain provisions that must be met by the employer, including:
- Providing a minimum 60 days’ notice to both employees and the government when conducting:
- mass layoffs
- relocating a facility
- terminating workers as a result of a plant closure.
Furthermore, the WARN Act defines a “mass layoff” as the elimination of at least 50 jobs within a 30-day period and only covers facilities and companies that have employed at least 75 full and part time employees in the preceding 12 months.
Next, the Act defines a relocation as the “moving of substantial business operations at least 100 miles away from the previous site”. Finally, a plant closure is the “cessation or suspension of most or all of a company’s operations within a specific facility.”
What Does a WARN Notice Look Like?
Not only is an employer required by law to issue a WARN Notice to its employees, there are several requirements that must be enumerated in the notice itself, including:
- Details about the layoff, including that the work site will be closing.
- Some detailing of the company’s future plans for the impacted positions, including whether the layoff is expected to be permanent or temporary.
- The date in which the layoffs are scheduled to begin, as well as a basic schedule for which the layoffs will occur.
- An accounting of the job titles and number of workers being let go.
- Name and contact information of a company representative who will be a point of contact to provide employees with further information.
Additionally, WARN notices must be sent to both the California Employment Development Department (EDD) and the chief elected officials of the local governments where the facility is being closed.
Penalties For WARN Act Violations
When an employer fails to provide sufficient WARN Notice after ordering a mass layoff, relocation, or termination, they face several potential penalties. First, there is a civil penalty of up to $500 per day for each day of violation. Remember, the employer must provide the notice within 60 days of the layoff.
In addition, an affected employee can file a lawsuit against the employer, with available damages such as:
- Back pay equal to either the employee’s final or three-year average rate of pay, whichever is higher.
- Recovery of the cost of any benefits to which the employee would have been entitled had the employment not been lost, including the cost of any medical expenses incurred by the employee that would have been covered under the employer’s benefit plan, retirement, or other paid time off.
- Attorneys’ fees and court costs
Jurisdictionally, the lawsuit can be filed with “any court of competent jurisdiction.” However, the claims usually reside in the jurisdiction where the employee worked.
Contact Experienced California WARN Act Lawyers
At Maison Law, our California employment lawyers have extensive experience handling wrongful termination claims, including claims involving the California WARN Act. If you or a loved one believe that your rights under the law were violated, our firm can help. Contact our office today to schedule a free initial consultation.
