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Employers must complete this form to notify the dislocated worker unit of the NJ Department of Labor and Workforce Development of a pending plant closing or mass layoff.
To protect workers, their families, and communities, the Worker Adjustment and Retraining Notification (WARN) Act requires employers to give 90 days' advance notice of covered plant closings and mass layoffs. Employers must notify either affected workers or their representatives (e.g., a labor union); the State dislocated worker unit; and the appropriate unit of local government.
WD-109
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When completing this section, keep in mind the following definition from the law.
“Termination of employment” means laying off an employee without promising to rehire them within six months. This does not include situations when the employee quits, retires, is fired or suspended for bad behavior related to their job, or is a seasonal worker. It also doesn’t apply if the employer offers the same job or a similar one with the same status, benefits, pay, and other conditions at a location within New Jersey and within 50 miles of the old job.
If a layoff that was initially announced to last six months or less ends up being extended beyond six months due to unforeseen business circumstances, it will not be considered a termination as long as the employee is notified as soon as the extension becomes foreseeable.
This explanation was produced by AI and verified by NJDOL’s Rapid Response Unit.
Check which of the following employee rights are impacted by the layoff or closure, including but not limited to those covered by a collective bargaining agreement or other existing employer policy.
Severance pay must be given to full-time employees if the employer doesn’t provide the required notice period. If an employer plans a mass layoff or closing and gives less than 90 days’ notice, they must pay each affected full-time employee one week of pay for each full year they worked there. The severance pay should be calculated based on whichever is higher: the average pay rate over the last three years or the employee's final regular pay rate. This severance pay is in addition to any other severance pay the employee might receive from a union agreement or any other reason. However, any back pay the employer gives under the “Worker Adjustment and Retraining Notification Act” for not providing the required notice can count towards the severance pay required by the Millville Dallas Airmotive Job Loss Notification Act.
As a part of the WARN Act, employees are entitled to Rapid Response services, which include a brief presentation about the unemployment process, career services, and training available to them. A question and answer period follows the presentation. By law, Rapid Response Services are defined as follows. A response team in the Department of Labor and Workforce Development provides information, referrals, and counseling to workers facing plant closings or mass layoffs. The response team will inform workers about public programs that can help delay or prevent job losses, such as economic development incentives and workforce development programs. The team will guide workers on public benefits they may be eligible for, like unemployment compensation, job training or retraining programs, and job search help. Additionally, the team will explain workers' rights regarding wages, severance pay, benefits, pensions, and other employment terms related to job termination, based on P.L. 2007, c.212, or any other applicable laws.