The Worker Adjustment and Retraining Notification (WARN) Act is a federal labor law that sets standards for employees to follow when handling plant closings and mass layoffs. But specifically in the state of New Jersey, there is what is formally known as the Millville Dallas Airmotive Plant Job Loss Notification Act. And this Act underwent an amendment starting on April 10, 2023. With that being said, please follow along to find out more about the New Jersey WARN Act and how a proficient Gloucester County New Jersey wrongful termination lawyer at The Vigilante Law Firm, P.C., can help you understand whether you were appropriately or unjustifiably let go.
What should I know about the New Jersey WARN Act?
Previously, the New Jersey WARN Act was consistent with the federal law in that most employers with 100 or more employees must provide 60 days’ advance written notice of mass layoffs, transfer of operations, or termination of operations. Now, with the 2023 amendment, New Jersey employers are expected to give at least 90 days’ notice.
In addition to this extended notice, there is a lower threshold for what constitutes a “mass layoff.” Currently, a notice is required for any reduction in force that impacts 50 or more employees. Before, this only applied when there was a loss of 500 or more employees, or 50 or more employees who represented one-third of the workforce at a specific facility.
And with that, there is no longer a distinction between part-time and full-time employees when counting how many are included in a “mass layoff.” Also, no longer considered are whether the layoffs occur at one or more facilities across the state of New Jersey, along with whether the percentage of the workforce these 50 or more employees comprise was small or large.
Lastly, this Act holds that all affected employees must receive severance at the rate of one week of pay per full year of employment. So, for example, if an employee worked nine years for the employer, they must provide them with nine weeks’ pay after the layoff.
What should I do if I was improperly warned about my layoff?
Say you got let go from your job after April 10, 2023, and you did not receive formal, written notice of this action at least 90 days in advance. If this is your case, you may be entitled to an additional four weeks’ pay. So, going back to the example mentioned above, you may receive nine weeks’ pay plus four weeks’ pay, for a total of 13 weeks’ worth of financial compensation.
However, in a unique situation, you may be covered by a collective bargaining agreement. Or, you may have signed off on an employment agreement that included a severance plan. In either case, you may have the opportunity for a greater severance deal than what the New Jersey WARN Act sets.
In an attempt to cut corners, your employer may neglect to pay you for an additional four weeks or unlawfully waive your legal agreement. You must not sit idly by as they treat you unfairly, especially right after dealing with the blow of losing your job. Rather, we encourage you to consider a breach of contract claim or another employment law claim.
If you need help preparing for this upcoming legal battle, turn to a talented employment agreement attorney in Gloucester County NJ. We at The Vigilante Law Firm, P.C., have gone through this countless times before, and we are ready to go through it again to support you.
