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General Provisions of the Federal and California WARN Laws An employer who violates the WARN provisions is liable to each employee for an amount equal to back pay and benefits for the period of the violation, up to 60 days, but no more than half the number of days the employee was employed by the employer.
Under federal WARN Act, an employer must provide written notice 60 days prior to a plant closing or mass layoff to employees or their representative and the state dislocated worker unit (in California, the Employment Development Department, Workforce Services Division).
Deliver the message directly but compassionately and allow the employee time to read the written notice of layoff you will give them during this meeting. Stay with your script and remain calm. Straightforward, clear explanations are important. Give the employee some background explaining why this decision is necessary.
No Notice Required Under California law, an employer doesn't have to give notice if the job losses were due to a physical calamity or an act of war.
In California, you can submit notice of a layoff by email or snail mail to the WARN Act Coordinator at the state Employment Development Division.
Employees who are laid off are generally eligible for unemployment benefits, as long as they meet California's earning requirements and make active efforts to look for a new job. If you're eligible, you can receive a portion of your average weekly wages, up to a maximum of $1,300 per week (for claims filed in 2020).