Layoff Rights for Mississippi Employees

The federal WARN Act gives Mississippi employees the right to advance notice of large layoffs.

When a Mississippi employer downsizes, conducts a large layoff, or closes a plant, employees have certain rights. Sadly, they don’t include the right to remain employed: Employers are not prohibited from laying workers off when they need to make cuts. But employees do have the right to a certain amount of notice before a plant closing or large-scale layoff. If the employer fails to give the required notice, employees are entitled to damages.

The federal Worker Adjustment and Retraining Notification (WARN) Act guarantees these rights. Almost half of the states have similar notice laws. A few states go farther to require that employers pay a small severance or continue employee health benefits for a short period after the layoff. Mississippi doesn’t fall into either of these categories, however. Mississippi has no layoff law, so workers are protected only by the WARN Act.

This article provides information on the rights of Mississippi employees under the federal WARN Act. For information on how to continue your health benefits, when you should receive your final paycheck, and more, see the articles at our Losing or Leaving Your Job page.

Covered Employers

Not all employers are subject to WARN. Only larger employers have to provide advance notice of mass layoffs or plant closings.

Employers are covered if they have

  • at least 100 full-time employees, or
  • at least 100 employees who work a combined 4,000 hours or more per week.

Full-time employees are defined as those who work at least 20 hours a week and have been employed for at least six of the 12 months ending on the date when notice is required under WARN.

Job Actions Covered by WARN

Covered employers must provide notice under WARN only if a certain number or percentage of employees lose their jobs. WARN applies only to plant closings and mass layoffs.

  • A plant closing is the shutdown of a single employment site, or at least one operating unit or facility within a single employment site, which results in job loss for 50 or more full-time employees during any 30-day period. A site of employment is a geographical location of an employer’s operations, such as a building, an office suite, or a group of buildings that form a campus or industrial park. Work areas that are physically separate might be a single employment site if they are reasonably close together, used for the same purpose, and share the same staff and equipment.
  • A mass layoff is a reduction in force resulting in job loss at a single site of employment for 500 or more full-time employees, or for 50 to 499 full-time employees, if the number of employees laid off makes up at least 33% of the employer’s active workforce.

WARN also applies to plant closings or mass layoffs that occur in parts over 90 days. This rule is intended to discourage employers from trying to get around WARN’s notice requirements by conducting a series of smaller layoffs over time.

Notice Requirements

For plant closings or layoffs covered by WARN, employees who will lose their jobs are entitled to notice 60 days in advance. Union members aren’t entitled to individual notice; instead, the employer must notify their union representatives, who pass the information along to the affected employees.

The notice must provide certain information about the planned layoffs, including whether they are expected to be temporary or permanent, whether the employee will have bumping rights, the expected date when the layoffs will begin, and when the employee will receive a termination letter.

Exceptions to WARN

There are some exceptions to WARN. If one of them applies, an employer either does not have to give notice at all or can give less than 60 days’ notice.

No Notice Required

An employer isn’t legally required to give advance notice of a mass layoff or plant closing in these situations:

  • Temporary facilities or projects. If lays off workers who were hired only for a temporary project that is finished or closes a facility that was intended to be open only temporarily, no notice is required. This exception applies only if the employees understood, when they were hired, that their jobs were temporary.
  • Strikes and lockouts. If a plant closing or mass layoff is the result of a union strike or an employee lockout, WARN doesn’t apply.

Shorter Notice Allowed

Employers may comply with WARN by giving as much notice as they can in a few situations. An employer who relies on one of these exceptions must give as much notice as possible. As part of the written notice requirement, the employer must explain why it couldn’t give the full 60 days that would otherwise be required.

  • Unforeseeable business circumstances. If the reasons for the plant closing or layoff were not reasonably foreseeable when the employer should have given 60 days’ notice, a shorter notice period is allowed.
  • Faltering company. A company can give less notice if it is struggling financially. However, the company must show that it was actively seeking business or money that would have allowed it to postpone or avoid the plant closing altogether, and that it reasonably believed, in good faith, that giving 60 days’ notice would have precluded it from obtaining the necessary business or money. This exception applies only to plant closings, not mass layoffs.
  • Natural disasters. An employer may give less than 60 days’ notice if the layoff or plant closing results from a natural disaster.

If Your WARN Rights Have Been Violated

The federal Department of Labor is responsible for interpreting and explaining WARN through regulations, but the agency has no power to enforce the law, hear employee complaints, investigate potential wrongdoing, or file lawsuits on behalf of employees. Employees must file a lawsuit in federal court to assert their WARN rights.

If an employer violates WARN, it can be required to compensate affected workers for all pay and benefits they lost for the period of the WARN violation, up to the full 60 days WARN requires. This amount is reduced by any wages earned or severance payments the employer made voluntarily during that time. For example, if an employer should have given 60 days’ notice, but gave notice only 25 days in advance of a layoff, employees would be entitled to 35 days of pay and benefits, unless the employer paid them severance covering that extra time.

Employers may also be ordered to pay the attorney fees and court costs of affected workers who sue and win. Employers who don’t give proper notice to the state may also have to pay fines, but this money goes to the state, not to employees.

If you believe your WARN rights have been violated, you should consult with an experienced Mississippi employment lawyer. WARN includes the right to attorney fees if you win, so it provides an incentive for lawyers to take strong cases. However, the damages available to any one employee are relatively low. Therefore, a lawyer may advise either trying to negotiate a settlement or going forward on behalf of all affected employees, as part of a class action lawsuit.

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