New Mexico Memo - Warning of Impending Layoff
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How to fill out Memo - Warning Of Impending Layoff?
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Worker Adjustment and Retraining Notification Act (WARN) (29 USC 2100 et. seq.) - Protects workers, their families and communities by requiring most employers with 100 or more employees to provide notification 60 calendar days in advance of plant closings and mass layoffs.
The WARN (Worker Adjustment and Retraining Notification) Act requires businesses who employ over 100 workers to either give their employees 60 days' notice in writing of a mass layoff or plant closing, or to pay the employees if they fail to give the notice.
No federal or state law in New Mexico requires employers to pay out an employee's accrued vacation, sick leave, or other paid time off (PTO) at the termination of employment.
How to write a layoff letterAddress the letter directly to the employee.Be direct and concise about the layoff.Thank the employee for their contributions.Provide guidance for benefits and pay.List relevant resources for the employee.Include your name, title and contact info.
Worker Adjustment and Retraining Notification Act (WARN) (29 USC 2100 et. seq.) - Protects workers, their families and communities by requiring most employers with 100 or more employees to provide notification 60 calendar days in advance of plant closings and mass layoffs.
A Q&A guide to state versions of the federal Worker Adjustment and Retraining Notification (WARN) Act for private employers in New Mexico. This Q&A addresses notice requirements in cases of plant closings and mass layoffs.
Under New Mexico law, employees are entitled to certain leaves or time off, including military leave, voting leave, domestic violence leave, emergency responder leave and jury duty leave. See Time Off and Leaves of Absence. New Mexico prohibits smoking in the workplace and texting while driving. See Health and Safety.
New Mexico is an employment-at-will state. This means that an employer may generally terminate an employee at any time, for any reason, or for no reason, unless an agreement exists that provides otherwise.
Types of Layoffs/ Reductions in TimeIn a temporary layoff/RIT: Only career employees are affected. The layoff/RIT period is less than four calendar months (120 days).In an indefinite layoff/RIT: Only career employees are affected. The layoff/RIT period is more than four calendar months (120 days).
WARN NoticesSee links below for lists of New Mexico plant closure and layoff notices issued under the WARN Act. To access older WARN notices or if you have any questions regarding WARN notices, contact Waldy Salazar, State Coordinator for Rapid Response.
