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|123 Main Street|
The purpose of this notice is to inform you that the ABC Plant will close [or have a mass layoff] on [specific date or up-to-14-day period], and it is expected that your position will be eliminated. Employee separations are expected to begin on or about [specific date or up-to-14-day period] and occur [daily, weekly, monthly or at other intervals]. This notice is being provided to you in compliance with the WARN Act (Worker Adjustment and Retraining Notification Act).
Comment: The purpose of WARN generally is to protect workers and their communities by requiring employers, under certain circumstances, to provide advance notice of plant closings and mass layoffs. This is intended to give affected workers time to adjust to the impending job loss, to seek alternative employment and to obtain training or retraining.
Notice of a plant closing or mass layoff pursuant to WARN must be in writing, and it must be specific, based on the best information available to the employer at the time the notice is served.
WARN defines a “plant closing” as the shutdown, even if temporary, of a “single site of employment,” or one or more operating units within that site, if, during any 30-day period, 50 or more workers (excluding part-time employees) experience an employment loss at that site.
WARN defines a “mass layoff” as a reduction in force that is not the result of a plant closing and that results in an employment loss at a “single site of employment” during any 30-day period for (1) at least 33% of the employees (excluding part-time employees), and (2) 50 or more workers (excluding part-time employees). If 500 or more employees (excluding part-time employees) are affected, the 33% requirement does not apply.
An “affected employee” is an employee suffering an employment loss or who may reasonably be expected to experience an employment loss as a consequence of the proposed plant closing or mass layoff. This includes employees who are likely to lose their jobs because of other employees' exercising bumping rights or other factors and who can be identified at the time notice is given.
Bumping rights to other positions [are or are not] available.
This planned action is expected to be [temporary (and expected to last ________, if known) or permanent]. [The entire plant is to be closed].
Dislocated worker assistance is available at: _____________________.
[If notice is given less than 60 days in advance under the “faltering company,” “unforeseen business circumstances,” or “natural disaster” exceptions, provide a brief statement of the reason for reducing the notice period.]
Comment: An employer may give less than 60 days' notice of a shutdown if, when notice would have been required, the employer was actively seeking business or capital through any commercially reasonable method that would allow the employer to avoid, at least for the time being, a shutdown, and the employer had a reasonable, good faith belief that giving the required notice would preclude it from successfully obtaining the sought-after business or capital.
An employer may give less than 60 days' notice of a shutdown or mass layoff if such shutdown or layoff was caused by business circumstances that were not reasonably foreseeable to the employer when notice would otherwise have been required. The WARN Regulations provide that a business circumstance is not reasonably foreseeable if it was caused by a sudden or unexpected action that was outside the employer's control.
For further information, contact Company Official, John Doe, at (555) 555-5555.