WARN Application Form

Office of Business Engagement & Sector Strategies

Notification of Plant Closing or Mass Layoff
(WARN Notification)

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

Business Type

To find your 6 digit industry code, visit https://www.naics.com/search

How many locations in New Jersey are being affected?
County Select all counties with business locations effected.
Are any employees represented by a union?

Employees Represented by Unions

Is there an additional union you would like to add?
Is there an additional union you would like to add?
Is there an additional union you would like to add?

Details of Layoff

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.

Reason for termination
Type of closure
Is any affected position and/or work being moved outside of NJ?
Is any employment being offered to terminated employees at any other establishment operated by the employer?
Are any of these job losses due to AI?

Employee Rights

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

Explanation of the law (P.L. 2007, c.212)

This law has three key requirements when terminating employees:

1. Base Severance Pay

  • Provide 1 week of pay for each full year the employee worked for you.
  • Example: Employee worked 5 full years = 5 weeks of severance pay

2. Penalty for Insufficient Notice

  • If you don't give the full advance notice required, you must pay an additional 4 weeks of pay on top of the base severance.
  • Example: 5 years of service + inadequate notice = 5 weeks + 4 weeks = 9 weeks total

3. How to Calculate the Pay Rate

You must use whichever is higher:

  • Average regular rate over the last 3 years.
  • Final regular rate of pay or the rate they were earning at termination.

This explanation was produced by AI and verified by NJDOL’s Rapid Response Unit.
 

Rapid Response Services

Response Team Services (section 5 of P.L. 2007, c.212) Explanation

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.

This explanation was produced by AI and verified by NJDOL’s Rapid Response Unit.

Would you like the Rapid Response Team to provide services to your employees in person or virtually? Note: Rapid Response presentations typically take 1–2 hours. Employers must allow the Response Team sufficient work time with employees to fulfill its legal responsibilities.
If there will be several layoff dates, we can provide Rapid Response services based on the schedule of layoffs. Are additional dates needed for multiple layoff or termination dates If you have multiple layoff dates, we can provide Rapid Response services based on schedule of layoffs.
Do all of the affected employees read, write, and speak English?