If the employee has a written contract requiring notice, or if there is a collective bargaining agreement with a notice requirement, then the employer must provide notice. The Worker Adjustment and Retraining Notification Act is a federal law requiring employers to provide workers, their unions, and state and local government officials sixty days advance notice of any plant closing or mass layoff. The law applies to private sector employers with one hundred or more employees. A mass layoff is defined as a reduction in force that results in the layoff of at least 33 percent of the work force and at least fifty employees, or at least 500 employees. Failure to give the sixty-days notice subjects an employer to liability for back pay and benefits under an employee benefit plan for each day that the notice was not given.
Employees can enforce the law by filing a lawsuit in federal court.
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