U.S. Department of Labor
WARN Advisor
What Happens if My Employer Does Not Provide Proper Notice?
If your employer fails to give you WARN notice when it is required, your employer is liable to each affected employee for an amount equal to back pay and benefits for the period of violation, up to 60 days. In order to collect that amount, you may have to sue your employer in Federal Court. If you are represented by a union, your union may sue on your behalf. The U.S Department of Labor is not authorized to enforce WARN or to bring suit on your behalf. In any suit, the court, in its discretion, may allow the prevailing party a reasonable attorney's fee as part of the costs.
An employer who fails to provide notice as required to a unit of local government is subject to a civil penalty not to exceed $500 for each day of violation. The penalty may be avoided if the employer satisfies the liability to each affected employee within three weeks after the closing.
