Do US employers have to give notice before firing?
For individual terminations, generally no — at-will employment means either party can end the relationship at any time without advance notice. The exception is mass layoffs and plant closings, which may trigger the federal WARN Act's 60-day notice requirement for larger employers, and similar state mini-WARN laws.
What triggers the federal WARN Act?
The WARN Act applies to employers with 100 or more employees. It is triggered by a plant closing affecting 50 or more workers, or a mass layoff of 500 or more employees, or of 50–499 employees if they make up at least one-third of the workforce at a site. Covered employers must give 60 calendar days advance written notice.
What happens if my employer violates the WARN Act?
An employer that fails to give the required 60 days notice can be liable to each affected employee for back pay and benefits for each day of the violation, up to 60 days. Employers may also face civil penalties payable to local government. Employees can sue individually or as a class.
Do state WARN laws differ from the federal law?
Yes. Several states have mini-WARN statutes that are stricter than the federal law. California's WARN Act covers employers with 75 or more employees and can be triggered by smaller layoffs. New York requires 90 days notice. Always check the specific state law where the layoff occurs.