As a small employer, do we have to provide any advance notice to employees if we are going to lay them off?

The answer to your question depends on whether your company is signatory to a collective bargaining agreement that would require advance notice to a union and/or whether your company is covered under the federal or state Worker Adjustment and Retraining Notification (WARN) acts.

In general, employers are covered under the federal WARN law if they have 100 or more full-time employees.

The state WARN Act is broader in that it applies to employers with 75 or more full- or part-time employees.

To be counted, however, both laws require that an employee be employed six of the ​12 months preceding the date that notice is required.

EDD’s website provides a good overview and comparison of federal and state WARN Act provisions, the form and content of the WARN notice, some exceptions and exemptions, how to file by mail or email, and contact phone and email information for EDD’s WARN Act coordinator. WARN Act coordinators at EDD are a good resource for employers who are required to provide notice.

Even if your company is not required to provide a WARN notice, you may choose to provide advance notice to employees to allow them time to prepare a resume, search for new employment and/or obtain new skills or certifications. By doing so, employees are better prepared to transition back into the workforce.

For more information, visit Mass Layoffs and Plant Closings in the HR Library.

Consult with legal counsel for more specific interpretation of these laws as it relates to your situation.​​