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elaws - employment laws assistance for workers and small businesses

- WARN Advisor

How Must Notice Be Given?

If you are required to serve notice on your workers, you may do so in any reasonable method of delivery that ensures receipt of notice at least 60 days before separation. For example, you may send a letter or deliver the letter to your employees at work or include the notice in their paychecks or pay envelope. However, use of preprinted notices that are regularly included in employees' paychecks or pay envelopes are not acceptable and do not meet the WARN Act requirements. When individual notice is required, i.e., where workers are not represented by a union, your workers have a right under WARN to get individual written notice. General announcements or notices posted on bulletin boards are not acceptable. Notice to the chief elected official and the State Dislocated Worker Unit also must be served in the same manner.

How notice may be served is addressed in Section 639.8 of the WARN regulations and discussed in the Preamble to the 1989 Final Rule.

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