WARN requirements

The Worker Adjustment and Retraining Notification (WARN) Act requires companies planning a mass layoff to notify workers 60 days before the closure. Learn the steps you need to follow.

When the WARN Act applies

The WARN Act applies in some situations when an employer closes a worksite, does a mass layoff, or even reduces hours. But not every closure, layoff or reduction in hours meets the criteria.

Closures

It applies if an employer closes a facility or operating unit. The closure needs to affect 50 or more full-time employees at a single worksite. Permanent or temporary closures apply.

Mass layoffs

It applies when an employer performs a mass layoff. It applies even when the layoffs are temporary if it is for longer than 6 months.

A mass layoff is when, during a 30-day period at a single site of employment, you lay off either:

  • 500 or more full-time employees.
  • 50 or more full-time workers when the layoff affects 33% of your active workforce.

Reduced hours

It applies when an employer reduces the hours of 50 or more workers by 50% or more for each month in a 6-month period.

How to report a layoff

Companies must provide written notice to us and the chief elected official of the community where the layoff or closure will occur.

  1. Write a letter on company letterhead that includes:

  2. Contact information:

    • Company name.
    • Physical and mailing addresses of the layoff or closure.
    • Company representative name and phone number for rapid response services (local preferred).

    Layoff information:

    • Whether there is either a layoff or a closure.
    • Whether it will be temporary or permanent.
    • Expected layoff date and a schedule of any further employment reductions.
    • If the layoff is due to a relocation.
    • If the layoff is due to contracting our employer operations or employee positions.

    Information about the affected employees:

    • Total number of employees this notice affects.
    • Job titles, names and addresses of the affected employees in each job category.
    • Whether a union represents the affected employees.
      • If so, name of each union/employee representative and the name and address of the chief elected officer of each union.
      • A statement of bumping rights, if any exist.
    • Signature of company official including name and title.

  3. Email the letter to our Grants Management Office

    Email us a copy of the letter at ESDGPWorkforceInitiatives@ESD.WA.GOV. Please include "WARN" in the subject line.

    If you need to mail the letter instead, address it to:

    Employment Security Department
    Grants Management Office
    Attention: WARN Team
    P.O. Box 9046
    Olympia, WA 98507-9046

    We will contact the listed company representative to acknowledge we received the notification and provide this information to your local Rapid Response team. Go to the Washington Workforce Association website to learn more about Rapid Response.

  4. Send the letter to the chief elected official of the community where the layoff or closure will occur

    The chief elected official of a community can vary depending on location. It could be a mayor, council or county leader or someone else. The business determines who that contact is.

Penalties

A business that does not comply with the law will need to pay up to $500 for each day of the violation. This happens if an employer fails to both:

  • Notify workers 60 days before a closure, mass layoff or reduction of hours.
  • Pay employees back pay and the cost of benefits they were entitled to for each day of the violation. 

Additional mass layoff information