60 Days Notice Template for the United States
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What is a 60 Days Notice?
The 60 Days Notice is a crucial compliance document mandated by US federal law, specifically the Worker Adjustment and Retraining Notification (WARN) Act. This notice must be issued when employers with 100 or more full-time employees plan to conduct a mass layoff or plant closing affecting 50 or more employees. The document must include specific details about the planned action, timing, and impact on employees. It serves multiple purposes: ensuring affected employees have adequate time to seek new employment, allowing communities to prepare for economic impact, and maintaining compliance with federal and state labor laws.
Frequently Asked Questions
Is a 60 day notice legally required under federal law for mass layoffs?
Yes, the 60-day notice is federally mandated under the Worker Adjustment and Retraining Notification (WARN) Act. Employers with 100 or more full-time employees must provide this notice when planning mass layoffs affecting 50 or more workers or plant closures. Failure to comply can result in penalties including back pay and benefits for affected employees.
Can employees sue if the 60-day WARN notice is missing or incomplete?
Yes, employees can file lawsuits if proper WARN Act notice is not provided or contains inadequate information. Employers may be liable for up to 60 days of back pay and benefits for each affected worker, plus attorney fees. The penalties apply even if the notice was attempted but failed to meet federal requirements.
How many employees trigger the WARN Act 60-day notice requirement?
The WARN Act applies to employers with 100 or more full-time employees when laying off 50 or more workers at a single site. The layoffs must occur within a 30-day period or be part of a series of layoffs over 90 days. Part-time employees working less than 20 hours per week don't count toward the 100-employee threshold.
How is a 60-day WARN notice different from a regular termination notice?
A WARN Act 60-day notice is specifically for mass layoffs or plant closures affecting large numbers of employees and has strict federal content requirements. Regular termination notices are for individual employees and vary by state law. WARN notices must be filed with state agencies and include specific information about the layoff scope, timing, and reasons.
How long does it take to properly prepare a WARN Act notice?
Preparing a compliant WARN Act notice typically takes 1-2 weeks to gather required information and ensure accuracy. You'll need to compile employee lists, determine affected positions, coordinate with state agencies, and review legal requirements. Rushing the process increases the risk of errors that could lead to costly penalties.
Which employees must receive the WARN Act 60-day notice?
All affected employees, their union representatives (if applicable), the chief elected official of the local government, and the state's rapid response dislocated worker unit must receive the notice. The notice must be delivered individually to each affected worker, either in person, by mail, or through electronic delivery if employees regularly receive communications electronically.
Can employers avoid WARN Act penalties by claiming unforeseeable circumstances?
Limited exceptions exist for unforeseeable business circumstances or natural disasters, but employers must prove the layoffs were caused by sudden, dramatic, and unexpected conditions outside their control. Even with valid exceptions, employers must provide as much notice as possible and explain why full 60-day notice wasn't given. These exceptions are narrowly interpreted by courts.
About the 60 Days Notice
A 60 Days Notice is a critical legal document that ensures compliance with federal employment laws when significant workforce changes are planned. Under the Worker Adjustment and Retraining Notification (WARN) Act, you must provide this advance notice to protect employee rights and maintain legal compliance during major business transitions.
When do you need this document?
You need to issue a 60 Days Notice when your company meets specific federal thresholds and plans significant workforce reductions. If you employ 100 or more full-time workers and are planning a mass layoff affecting 50 or more employees at a single site, the WARN Act requires this notice. Plant closures that will result in employment loss for 50 or more full-time employees within any 30-day period also trigger this requirement. Additionally, you must provide notice for staged layoffs that cumulatively affect the required number of employees over a 90-day period. Some states have additional notice requirements with lower thresholds, so you may need to comply with both federal and state mandates.
Key legal considerations
Your 60 Days Notice must include several critical elements to ensure legal compliance. You must clearly identify all affected parties, including employees, their representatives, and local government officials. The notice should specify the planned action's effective date, the reason for the layoff or closure, and whether you expect the action to be permanent or temporary. You must also indicate whether bumping rights exist and provide the contact information for a company official who can provide additional details. Failure to include required information or provide timely notice can result in significant penalties, including back pay and benefits for affected employees for up to 60 days. The notice must be written in clear, understandable language and delivered through appropriate channels.
Legal requirements in United States
Federal WARN Act requirements establish the baseline for 60-day notice obligations, but state laws may impose additional or more stringent requirements. You must serve notice simultaneously to affected employees, their representatives (including labor unions), the state dislocated worker unit, and the chief elected official of the local government where the layoff will occur. The notice period begins when you deliver the notice, not when you make the internal decision. Several exceptions exist, including unforeseeable business circumstances, natural disasters, or faltering companies seeking capital or business that could avoid the shutdown. However, these exceptions have strict criteria and require immediate notice once the exception no longer applies. Some states like California, New York, and Illinois have their own Worker Adjustment and Retraining Notification laws with different thresholds and requirements that may apply alongside federal obligations.
GOVERNING LAW
Applicable law
This 60 Days Notice is drafted to comply with United States law. Key legislation includes:
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