What notice must my employer provide me under the California WARN Act before a mass layoff or plant closure?
Under the California WARN Act, your employer must provide you with 60 days' advance written notice before a qualifying mass layoff, relocation, or plant closure.
Here is what you should expect from your employer regarding this notice:
Step 1: Receive a Written Notice 60 Days in Advance
Your employer must deliver a written notice to you at least 60 calendar days before your scheduled termination date. The notice should be clear and specific.
Step 2: Verify the Contents of the Notice
The notice you receive must include the planned date of the layoff or closure and state whether it is expected to be permanent or temporary. It should also inform you of any "bumping rights" (your right to take another employee's job based on seniority) or other rights you may have.
Step 3: Confirm Other Parties Were Notified
Your employer is also required to send a similar 60-day notice to the California Employment Development Department (EDD), the local workforce investment board, and the top elected officials of the city and county where the layoff is occurring.
Step 4: Determine if Your Layoff Qualifies
The California WARN Act applies to employers with 75 or more employees. It is triggered by a "mass layoff," which means laying off 50 or more employees within a 30-day period, a plant closure affecting any number of employees, or a major relocation of operations.
Important details and nuances:
If your employer fails to provide the required 60-day notice, they may be liable for back pay and the value of your benefits for each day the notice was late, up to a maximum of 60 days. This is different from and generally provides more protection than the federal WARN Act.
Warnings and limitations:
There are a few narrow exceptions to the 60-day notice requirement, such as a natural disaster or unforeseeable business circumstances. However, even in these situations, the employer must still give as much notice as is reasonably possible. Not all layoffs are covered by this law.
This is general information and does not constitute legal advice. For complex situations, or if you believe your employer has violated the WARN Act, you should consult with a qualified California attorney.
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Disclaimer:
This information is for general guidance only and should not be considered as legal advice. Please consult with a qualified attorney for specific legal matters.
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Updated: August 18, 2025
Employment Law
Worker rights, wages, and employment regulations
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