Shaleigha Shepard
Shaleigha Shepard Trial Attorney

In today’s ever-evolving job market, workforce reductions and layoffs have become more prevalent, creating uncertainty and stress for employees. To protect the rights of workers during these difficult times, the federal government established the Worker Adjustment and Retraining Notification (WARN) Act. This crucial legislation aims to ensure that employees in Houston, Texas, and beyond receive fair treatment and adequate support when facing job loss due to plant closures or mass layoffs. In this blog post, we will explore the key aspects of the WARN Act and highlight specific information that would be helpful to employees in Houston, Texas.

The Purpose and Scope of the WARN Act

The Worker Adjustment and Retraining Notification Act (WARN Act) was enacted in 1988 with the primary goal of safeguarding employees’ interests during significant workforce changes. It applies to employers with 100 or more full-time employees, including part-time workers whose combined hours total at least 4,000 hours per week. This coverage extends to both private and public sector employers, ensuring a wide range of workers are protected under this law.

Plant Closings: How it Affects Houston Employees

In Houston, Texas, the WARN Act comes into play when a company decides to permanently or temporarily close a facility, resulting in the displacement of 50 or more full-time employees within a 30-day period. If you are an employee in Houston and your workplace is facing closure, the WARN Act ensures that your employer must provide you with at least 60 calendar days’ advance notice. This advance warning period is crucial as it allows you to begin planning for the future, explore new job opportunities, or enroll in retraining programs to acquire new skills for alternative employment.

Mass Layoffs: Protections for Houston Employees

The WARN Act also covers mass layoffs, defined as employment terminations affecting 500 or more full-time workers, or between 50 and 499 full-time employees if they constitute at least 33% of the employer’s total workforce. As a Houston employee affected by a mass layoff, you have the right to receive a 60-day notice from your employer before the layoff takes effect. This notice period provides you with essential time to assess your options, secure potential job opportunities, or access available resources to assist you during the transition.

Notice Requirements and Exceptions

The WARN Act mandates employers to adhere to strict notice requirements when facing plant closings or mass layoffs. In Houston, Texas, employers are required to provide written notice directly to affected employees, as well as to the state and local government authorities. However, there are exceptions to the 60-day notice rule if the layoff is caused by unforeseeable business circumstances or a natural disaster. In such cases, employers must still provide as much notice as possible and explain the reasons for the reduced notice period.

Rights and Protections for Houston Employees

As an employee in Houston impacted by a plant closing or mass layoff covered under the WARN Act, you have specific rights and protections. These include receiving back pay and benefits for the 60-day notice period that you should have received. Additionally, the law allows you to pursue legal action if your employer fails to comply with the WARN Act, giving you recourse if your rights are violated during the layoff process.

The Worker Adjustment and Retraining Notification Act (WARN Act) offers vital protections and support for employees in Houston, Texas, facing job loss due to plant closings or mass layoffs. By understanding your rights under this legislation, you can better navigate the challenges of workforce reductions and take proactive steps towards securing your future.

If you or someone you know is facing job loss due to plant closings or mass layoffs, don’t hesitate to reach out and speak with me or another attorney right here in Houston at Wiley Wheeler, P.C. We are here to offer assistance and guidance during these challenging times.