Is your company cutting jobs? Check the WARN database to find out

A new Dispatch database provides details on major job cuts or plant or office closings.
A new Dispatch database provides details on major job cuts or plant or office closings.

A new Columbus Dispatch online database can provide details on upcoming job cuts and plant and office closings.

The database is based off of a 1988 law passed by Congress that is meant to give workers a 60-day heads up if they are going to be laid off or if the plant or office where they work is closed.

It's called a WARN Notice, which stands for Worker Adjustment and Retraining Notification Act and it went into effect in February 1989.

In Ohio, filings are made with the Ohio Department of Job and Family Services.

Our database includes information from across the nation or just in Ohio. You can check it out here.

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What does the WARN Notice require?

The law provides that workers who are laid off or terminated in certain circumstances of if plants or offices are closed must receive at least 60 days advance written notice of their job losses. It is meant to protect workers, their families and communities in the event of mass layoffs.

What companies are covered by the WARN Notice?

The act generally applies to employers with at least 100 workers that are laying off at least 50 workers at a single site of employment.

It does not apply to workers who will be laid off for six months or less.

The law does not apply to workers who are on strike or locked out in a labor dispute. It also does not apply to workers on temporary projects or to workers such as consultants or contract employees assigned to the business but actually work for and are paid by another employer.

It doesn't apply to workers who voluntarily leave a job, retire or fired for cause.

It also doesn't apply to government workers or the self employed.

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What is the purpose of the law?

The idea behind the WARN Notice is give workers time to prepare for new jobs. That includes obtaining information about where new jobs can be found or getting training so that they can get a new job.

Cities and states also may be eligible for funding from the Department of Labor to provide these kinds of services. States also provide Rapid Response services when significant layoffs or plant closings occur to help workers get needed services as quickly as possible and to help employers manage the process of laying off their workers.

The Labor Department encourages employers to give their workers notice even when a notice isn't required and to work with state and local agencies to help their workers get the transition services they need.

Are there exceptions to the 60-day requirement?

Yes. If a company can't be expected to reasonably foresee the business faltering or if its actively seeking capital or business that could avoid the layoffs or the closing.

If a company provides a warning of less than 60 days, it must provide an explanation and give notice as soon as practical.

What is the Labor Department's role in investigating allegations of wrongdoing?

The role of the agency is limited to providing guidance and information about the act. It does not have any investigative or enforcement authority, and cannot issue advisory opinions on specific cases.

The guidance is not binding and does not replace the advice of an attorney.

If workers believe a WARN Act violation has been committed, they should consult legal counsel and consider whether to file a lawsuit in federal court.

A company that violates the law may be found liable for an amount equal to the amount of wages and benefits for each day of the period of violation, up to 60 days.

mawilliams@dispatch.com

@BizMarkWilliams

This article originally appeared on The Columbus Dispatch: WARN Notice database can help you see if your company is cutting jobs

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