Outside of a union, are there any laws regulating how to conduct an employee layoff?
At a certain threshold, there are laws that require specific notice, and there are penalties if the employer fails to provide that notice. The most applicable law is the federal law known as the Worker Adjustment and Retraining Notification Act (WARN), which applies to companies that have more than 100 employees and states that employers must provide notice 60 days prior to the layoff. The law applies in a number of situations: First, if the company is closing a facility with at least 50 workers or if the company is laying off 50 or more employees at a single site and those 50 workers comprise at least one-third of the work force at that particular site. Second, if there is a layoff of 500 people or more. Third, if there is a reduction of hours of at least 50 percent for 50 or more workers at a single site for six consecutive months. What about collective bargaining agreements (CBAs) with unions? Outside of a claim of discrimination, the only way an employee can claim he or she cannot
