Special Problems - Work Separations

  1. Layoffs - there is no general duty to rehire employees who have been laid off - always base layoff decisions on neutral, business-related criteria - never base layoff decisions on minority-related characteristics.

  2. WARN Act (federal law) - this law covers employers with 100 or more employees if the company has a:

    1. shutdown of an employment site that affects 50 or more full-time employees;

    2. mass layoff of 50-499 full-time employees if that constitutes at least 33% of the workforce at a site;

    3. mass layoff involving 500 or more full-time employees for at least 30 days; or a

    4. 50% or more reduction in hours for 50 or more full-time employees for each month of a six-month or longer period.

  3. Temporary employees from a staffing firm do not count toward the above thresholds under WARN (see 20 C.F.R. § 639.3(e)).

  4. Under WARN, employer must give at least 60 days' advance notice of layoff, or else must make a payment of wages in lieu of notice corresponding to the notice not given.

  5. TWC is the state reporting agency for mass layoffs and plant closings in Texas - more information is at https://twc.texas.gov/businesses/worker-adjustment-and-retraining-notification-warn-notices.

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