At Wusinich, Sweeney & Ryan, LLC, we often hear the question, “Can a company lay you off without notice?” The answer depends on several factors. The Pennsylvania Worker Adjustment and Retraining Notification (WARN) Act, alongside the Federal WARN Act, offers critical protections for workers in specific circumstances by requiring advance notice before company closures or mass layoffs. These laws aim to help employees transition by giving them time to seek alternative employment or resources.

Our firm is dedicated to helping Pennsylvania workers understand their rights and receive the protection they deserve. Here’s an overview of the protections under both Pennsylvania and federal regulations, your rights as an employee, and when to seek legal support if those rights have been violated.

Understanding the WARN Act

Both the Federal WARN Act and Pennsylvania WARN Act require employers to give advance notice of significant layoffs or plant closures. However, the Pennsylvania WARN Act complements the federal law with nuances specific to Pennsylvania’s workforce. Generally, these laws apply to employers with 100 or more full-time employees, requiring them to provide written notice 60 days before a plant closure or mass layoff impacting 50 or more employees.

The primary goal of the WARN Act is to alleviate the financial strain on workers and their families by providing time to seek new jobs, retrain, or plan financially. Employers who violate these rules may face legal action, making it essential for both employees and employers to understand their responsibilities under the law.

Key Differences Between Pennsylvania and Federal WARN Acts

While the Federal WARN Act establishes a baseline standard across the United States, Pennsylvania law contains provisions specific to local industries and workforce needs. However, the Pennsylvania WARN Act closely mirrors federal regulations and does not dramatically expand the scope of protections offered.

A common misconception is that Pennsylvania’s WARN Act offers broader coverage. However, the Federal WARN Act is often the prevailing law in large-scale layoffs or closures affecting Pennsylvania employees, particularly because Pennsylvania’s requirements align with federal standards. Understanding both laws is key to ensuring your rights are fully protected.

Can a Company Lay You Off Without Notice?

The Federal Fair Labor Standards Act (FLSA) does not require employers to provide advance notice before layoffs. However, both the Federal and Pennsylvania WARN Acts mandate that companies provide 60 days’ notice before closing a facility or conducting mass layoffs, provided the employer meets certain size and impact thresholds.

Employers who fail to provide proper notice under the WARN Act may be liable for back pay and benefits for affected employees during the violation period. The law is intended to help workers by giving them time to seek new opportunities or access assistance resources.

Exceptions to the WARN Act’s Notice Requirements

There are situations in which employers may not be required to give advance notice under the WARN Acts. These exceptions include:

• Unforeseen Business Circumstances: Sudden and unexpected business changes that the employer could not reasonably foresee.
• Natural Disasters: Events such as floods, earthquakes, or other natural disasters.
• Faltering Company: Employers actively seeking capital or business that could avoid or postpone a closure are exempt from providing 60 days’ notice, provided doing so would hinder recovery efforts.

Even in these cases, employers are required to give as much notice as possible and explain why full notice was not provided. Failure to do so could result in liability.

Rights and Protections for Employees

The Pennsylvania WARN Act provides several protections to employees impacted by mass layoffs or plant closures. These include:

• Written Notice: Affected employees must receive written notice 60 days in advance, directly or through their representative (such as a labor union).
• Financial Compensation: If an employer fails to give proper notice, affected employees may be entitled to back pay and benefits during the violation period.
• Accountability: Workers can pursue legal action if their employer does not comply with notice requirements.
• Coverage for Various Employment Types: The law applies to most full-time employees, including managerial, hourly, and salaried workers.
• Exclusions: Some workers, such as contractors employed by other businesses and government employees, may not be covered.

Employees who believe their rights have been violated should document any communications from their employer and the timing of layoffs. Legal representation can help ensure that these employees are fully compensated.

Seeking Legal Assistance for Layoffs

If you are facing a layoff or closure and believe your employer has violated the WARN Act, it’s crucial to consult with an experienced employment law attorney. At Wusinich, Sweeney & Ryan, LLC, we are committed to defending the rights of Pennsylvania workers. Our attorneys have successfully represented employees in WARN Act claims, securing compensation and holding employers accountable for non-compliance.

Our team is ready to help you understand your legal options and seek appropriate remedies. Whether you are pursuing back pay, benefits, or accountability, we’ll guide you through every step of the process. Call (610) 594-1600 or submit an online form to schedule a free case evaluation.