WARN Notice Questions and Answers

What is a WARN Notice?

A WARN Notice is a written notification required under the federal Worker Adjustment and Retraining Notification (WARN) Act that employers must provide at least 60 calendar days in advance of a plant closing or mass layoff. 

Who is required to file a WARN Notice in Tennessee?

Private, for-profit, and nonprofit employers with 50 or more full-time employees or 50+ employees who collectively work at least 2,000 hours per week.

What triggers the need to file a WARN Notice?

A plant closing or mass layoff that meets the WARN thresholds of 50 or more employees affected within 30 days. 

What is an employment loss?

Termination, layoff exceeding 6 months, or a reduction in hours of work by more than 50% during each month of any 6-month period. 

When must a WARN Notice be filed?

At least 60 calendar days before the planned layoff or closure date. 

What if we can’t give 60 days’ notice?

WARN provides exceptions for unforeseeable business circumstances, natural disasters, or faltering companies. Notice must still be given as soon as practicable. 

Who must receive a WARN Notice?

Affected employees (or their representatives), the State Dislocated Worker Unit, and the chief elected official of the local government. 

How do we submit the WARN Notice?

By mail or email to the state Rapid Response/WARN Coordinator and local government, and directly to employees or their representatives. 

What information must the WARN Notice include?

Employer name and contact, description of action, dates of layoffs, number and job titles of affected employees, bumping rights, and union information if applicable. 

Do we need separate notices for each group?

Yes. Each audience (employees, local officials, and state agency) should receive its own tailored version. Tennessee will notify all elected officials on your behalf.

What if the company has multiple locations?

WARN applies per site of employment, unless sites are close and share a common operational purpose or management. 

Do remote employees count toward WARN thresholds?

Generally, yes, associated with the site they report to or receive assignments from. 

What if layoffs occur in phases?

Separate events within a 90-day period may be aggregated and treated as a single event if they are related. 

What about temporary layoffs?

If the layoff is expected to last six months or less, WARN does not apply unless extended beyond that period. 

Are part-time employees counted?

Part-time employees are not counted toward thresholds but must still receive notice if affected. 

What if we sell part or all of our business?

The seller is responsible for notice up to the sale date; the buyer is responsible afterward if layoffs occur. 

What happens if we fail to file a WARN Notice?

Penalties include up to 60 days of back pay and benefits per affected employee and civil fines of $500 per day for failure to notify local government. 

Can we reduce liability by paying employees instead of notice?

Yes, some employers provide pay in lieu of notice, covering full wages and benefits for the 60-day period. 

Can employees sue us directly?

Yes. WARN allows workers to bring civil action in federal court for violations. 

What happens after we file the WARN Notice?

The state Rapid Response team will contact the company to assist affected workers and plan informational sessions. 

Are we required to host a Rapid Response meeting?

Not legally required, but highly encouraged to help employees transition and to demonstrate compliance. 

What services can Rapid Response provide?

Resume workshops, job fairs, unemployment insurance guidance, and retraining opportunities.

How long should we keep WARN-related documentation?

Maintain all WARN correspondence and records for at least three years. 

Should we notify subcontractors or vendors?

Yes, if they will be significantly impacted, though not legally required by WARN. 

Can we rescind or update a WARN Notice?

Yes. Updated notices should be sent immediately with an explanation if layoffs are postponed or canceled. 

What triggers a WARN in Tennessee?

Tennessee requires a WARN if the closure or layoff affects 50 or more people within 30 days.

Can we file electronically?

Tennessee accepts submissions via electronic form.

Can layoffs due to economic downturn or automation qualify for exceptions?

Yes, possibly under the unforeseeable business circumstances exception if the event was sudden and not predictable. 

Who can we contact for help?

U.S. Department of Labor, the State Dislocated Worker Unit (RapidResponse.info@tn.gov), or legal counsel familiar with WARN compliance. 

What’s the best way to ensure compliance?

Consult legal counsel, keep thorough records, and coordinate early with the state’s Rapid Response team.