In November 2025, Tyson Foods filed a WARN Act notice with the Texas Workforce Commission announcing a mass layoff of 1,761 employees at its Amarillo beef-processing plant. The layoffs are scheduled to take effect on or about January 20, 2026, as the company eliminates its entire B-shift operations, the plant’s second production shift, typically covering afternoon and evening hours.
The 44-page WARN filing detailed job titles ranging from production laborers and machine operators to maintenance and quality assurance roles. Tyson cited industry-wide challenges, including tight cattle supplies and restructuring efforts, as reasons for the reduction. While the company expressed regret over the impact on workers and pledged to minimize disruption, the notice raised questions about compliance with the WARN Act’s 60-day notice requirement.
If the company failed to meet the statutory timeline, affected employees could be entitled up to 60 days of back pay and benefits. This case underscores the importance of monitoring employer compliance and seeking legal advice when large-scale layoffs occur
When a company announces mass layoffs or plant closures, employees often face sudden financial uncertainty and emotional stress. The Worker Adjustment and Retraining Notification Act (WARN Act) was enacted to protect workers by requiring employers to provide advance notice before significant workforce reductions. If you believe your employer violated this law, understanding its scope and limitations is critical.
What Is the WARN Act?
The WARN Act is a federal law passed in 1988 to give employees and communities time to prepare for the economic impact of large-scale job losses. It requires certain employers to provide 60 days’ written notice before:
Plant Closures: Shutting down a facility or operating unit that results in job loss for 50 or more employees during a 30-day period.
Mass Layoffs: Reducing the workforce by 500 or more employees, or by 50–499employees if that number represents at least 33% of the workforce at a single site.
This notice allows employees to seek new employment, enroll in retraining programs, or adjust financially before losing income.
Consider a manufacturing plant with 200 employees that announces a closure effective in 30 days. Under the WARN Act, the employer should have provided 60 days’ notice. If they fail to do so, affected employees may recover up to 60 days of back pay and benefits. However, if the closure was due to a sudden natural disaster, the employer may invoke the unforeseeable business circumstances exception.
Who Is Covered Under the WARN Act?
Employers: Businesses with 100 or more full-time employees.
Employees: Full-time workers who have been employed for at least six months in the past 12 months.
Part-time employees and those with less than six months of service are generally excluded from the threshold calculations, though they still receive notice if affected.
Failure to provide proper notice can result in significant liability for employers. Employees may be entitled to back pay for each day of violation (up to 60 days) and benefits compensation, including health insurance premiums. These remedies can make a meaningful difference for workers blindsided by sudden layoffs.
Employers sometimes attempt to sidestep WARN Act obligations by splitting layoffs into smaller groups to avoid triggering thresholds, misclassifying employees as contractors, and/or claiming unforeseeable business circumstances without proper documentation. If you suspect these tactics, schedule a consultation with one of our employment attorneys promptly.
What Is NOT Considered a Violation of the WARN Act?
Not every job loss scenario falls under WARN. Here are key exceptions:
– Small Reductions in Force: layoffs affecting fewer than 50 employees at a single site generally do not trigger WARN.
– Short-Term Layoffs: if the layoff is expected to last less than six months, WARN notice is not required.
– Unforeseeable Business Circumstances: sudden, unexpected events, such as a natural disaster or abrupt loss of a major contract, may exempt employers from the full 60-day notice requirement.
– Faltering Company Exception: if a company is actively seeking capital or business to avoid closure and believes notice would jeopardize those efforts, it may qualify for an exception.
– Sale of Business: when ownership changes but employees continue working without interruption, WARN does not apply.
Understanding these exceptions helps employees distinguish between legitimate business decisions and unlawful conduct.
State WARN Laws: Additional Protections
Many states have their own WARN statutes that provide greater protections than the federal law. For example: California WARN Act: Covers employers with 75 or more employees and requires notice for layoffs of 50 or more employees, regardless of percentage and New York WARN Act: Requires 90 days’ notice and applies to employers with 50 or more employees.
Employees should check their state’s specific requirements, as these laws often expand coverage and penalties.
Final Thoughts
If you believe your employer violated the WARN Act, document everything. Keep copies of termination notices, emails, and internal communications, determine whether thresholds for layoffs or closures were met. Lastly seek legal advice.
The WARN Act is a powerful tool for protecting workers during times of economic upheaval. While employers have legitimate defenses, many violations occur due to poor planning or deliberate avoidance. If you’re facing sudden job loss, knowing your rights is the first step toward securing the compensation you deserve. Schedule a consultation with one of our attorneys today. Contact me in Houston or any one of my colleagues in Austin or Dallas. We represent employees all over Texas.