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Addendum to the Worker's and Employer's Guide to Advance Notice of Closings and Layoffs

These questions are in addition to those listed in Worker's Guide and the Employer's Guide.

EMPLOYER COVERAGE

  • Does WARN apply to Puerto Rico and other territories of the United States, such as Guam?
    Yes. Territories of the United States are subject to U.S. laws.
  • Are universities covered under WARN?
    Yes. Universities are employers. In some states, school boards are separate quasi-governmental entities with certain governmental powers, such as the ability to raise revenue. Private universities are not government entities, so they are covered.
  • Are hospitals covered under WARN?
    Unless there is a municipal hospital run as a government agency, hospitals would be covered.
  • Is Guam covered under WARN?
    Guam is a territory of the U.S. and is subject to U.S. laws.

EXCEPTION TO GIVING NOTICE

  • Is an economic crisis considered to be an unforeseen business circumstance?
    If an employer believes their situation is the result an economic crisis, it may apply the unforeseen business circumstance exception; however, there could be a burden on the employer to prove why it could not plan 90 days in advance.

PAID TIME OFF TO SEEK EMPLOYMENT

  • Does WARN allow employees time off with pay to look for another job during the notice period?
    WARN allows workers time to make appropriate arrangements for a new job or retraining. It is within the discretion of the employer to give the worker paid time off to look for another job.