Addendum to the Worker's and Employer's Guide to Advance Notice of Closings and Layoffs
These questions are in addition to those listed in Worker's Guide and the Employer's Guide.
- Does WARN apply to Puerto Rico and other territories of the United States, such as Guam?
Yes. Territories of the United States are subject to U.S. laws.
- Are universities covered under WARN?
Yes. Universities are employers. In some states, school boards are separate quasi-governmental entities with certain governmental powers, such as the ability to raise revenue. Private universities are not government entities, so they are covered.
- Are hospitals covered under WARN?
Unless there is a municipal hospital run as a government agency, hospitals would be covered.
- Is Guam covered under WARN?
Guam is a territory of the U.S. and is subject to U.S. laws.
EXCEPTION TO GIVING NOTICE
- Is an economic crisis considered to be an unforeseen business circumstance?
If an employer believes their situation is the result an economic crisis, it may apply the unforeseen business circumstance exception; however, there could be a burden on the employer to prove why it could not plan 90 days in advance.
PAID TIME OFF TO SEEK EMPLOYMENT
- Does WARN allow employees time off with pay to look for another job during the notice period?
WARN allows workers time to make appropriate arrangements for a new job or retraining. It is within the discretion of the employer to give the worker paid time off to look for another job.