Layoffs can often strike with little to no warning, leaving workers to face an uncertain financial future without time to prepare. The California Worker Adjustment and Retraining Notification (WARN) Act helps protect employees by requiring certain employers to give advance notice before conducting mass layoffs, relocating a business, or closing a worksite.
On this page, the experienced Bay Area employment lawyers at Venardi Zurada will explain how the California WARN Act works and what to do when your employer violates it.
What Is the California WARN Act?
The California WARN Act mandates that employers provide at least 60 days’ written notice to employees affected by business decisions that will cause large-scale job losses.
Compared to the federal WARN Act, California’s law contains broader protections, applying to more companies in a wider range of situations. However, the California WARN Act still does not apply to all layoffs, and a worker’s eligibility depends on the specific circumstances involved.
When Does the California WARN Act Protect Me?
Situations where the California WARN Act applies include:
- Layoffs that target 50 or more employees within 30 days
- Moving work operations to a different location
- Closing a plant or work facility
Employers with 75 or more workers must send a WARN notice to any employees affected by one of these actions. They must also send the notice to the California Employment Development Department (EDD), the primary elected officials in relevant local governments, and other relevant parties.
To receive protections under the California WARN Act, an employee must have worked for their current employer for at least six of the previous 12 months.
What Does the California WARN Act Do for Me?
The advance notice required by the WARN Act allows families to prepare for hardship, pursue new job opportunities, and take steps to maintain their financial security before fully losing their incomes.
The contents of your WARN notice must include:
- The name, phone number, and email address of a company representative
- Details on what will happen, such as when the first termination will occur or whether a closure is temporary or permanent
- Which job titles are impacted by the employer’s decision, how many employees with that job title are affected, and where they’re located if multiple workplaces are involved
- Information on whether your employer plans to provide help finding new jobs to affected workers within 30 days, and which organizations it will work with
- Contact information for the local workforce development board, even if your employer isn’t working with it to provide vocational services
- Information on the CalFresh food benefits program
Exceptions to the 60-Day Notice Requirement
Some situations where employers are not required to give 60 days’ notice under the California WARN Act include:
- Temporary work ending once a project is finished, such as a film production, construction project, or mining operation
- Seasonal employment
- A “physical calamity” or act of war
- The company is pursuing business or investment opportunities that might be compromised by sending a WARN notice
- The employer has fewer than 75 full and part-time workers, or the layoffs affect fewer than 50 employees within a 30-day period
What Happens When My Employer Violates the California WARN Act?
If your employer violated the California WARN Act, you may be entitled to the following damages:
- $500 in civil penalties for each day your employer violates the law
- Back pay equal to the time you weren’t given the required notice
- Any medical or financial benefits you would’ve received during the proper notice period
- Attorney’s fees and costs
The amount of compensation available will depend on the specifics of your case. Our California employment lawyers can explain whether you have a valid case and what legal options you may have.
What Should I Do If My Rights Were Violated?
If your employer has violated your rights under the California WARN Act, here are some practical next steps you should follow:
- Preserve evidence. Keep any layoff notices you’ve received and any communications with your employer. Save your pay stubs, benefits information, and other employment records that might be helpful later.
- Review the timeline. Take notes of important dates, including your final day of employment and the day you were given notice, if any. Comparing the two can help you determine whether you received the legally required notice.
- Explore available benefits. While you’re evaluating your legal options, you may be entitled to unemployment benefits, Rapid Response vocational services, food assistance, and more.
- Take caution before signing anything. If you’re offered a severance agreement, make sure to carefully review it or bring it to a legal professional before binding yourself to an unfair deal.
- Call a lawyer: Speaking to an experienced California employment attorney can help you understand your legal rights and what options you have to hold your employer accountable.
How Can an Employment Lawyer Help With My California WARN Act Claim?
A trusted employment lawyer can handle every step of your case, from determining whether your employer violated the California WARN Act to filing a lawsuit. Your attorney will review your employer’s actions to determine compliance, calculate what your potential damages could be worth, and negotiate with your employer to reach a settlement that fairly compensates you.
At Venardi Zurada, we’re dedicated to helping Bay Area workers get justice when employers threaten their rights. We’ve recovered over $100 million in compensation for clients like you while providing committed, personalized service and clear communication.
Reach Out to Venardi Zurada to Learn More About Your Rights
If you’re experiencing a layoff, understanding your California WARN Act rights can be the difference between having enough time to stay on your feet and being swept suddenly into an uncertain future.
To learn more about your legal options, schedule your free, confidential consultation with Venardi Zurada today by contacting us online or calling 833-893-6763. We won’t charge you any fees unless you win your case.
