60 Days Notice Template for the United States

A 60 Days Notice is a critical legal document that ensures compliance with federal employment laws when significant workforce changes are planned. Under the Worker Adjustment and Retraining Notification (WARN) Act, you must provide this advance notice to protect employee rights and maintain legal compliance during major business transitions.

When do you need this document?

You need to issue a 60 Days Notice when your company meets specific federal thresholds and plans significant workforce reductions. If you employ 100 or more full-time workers and are planning a mass layoff affecting 50 or more employees at a single site, the WARN Act requires this notice. Plant closures that will result in employment loss for 50 or more full-time employees within any 30-day period also trigger this requirement. Additionally, you must provide notice for staged layoffs that cumulatively affect the required number of employees over a 90-day period. Some states have additional notice requirements with lower thresholds, so you may need to comply with both federal and state mandates.

Key legal considerations

Your 60 Days Notice must include several critical elements to ensure legal compliance. You must clearly identify all affected parties, including employees, their representatives, and local government officials. The notice should specify the planned action's effective date, the reason for the layoff or closure, and whether you expect the action to be permanent or temporary. You must also indicate whether bumping rights exist and provide the contact information for a company official who can provide additional details. Failure to include required information or provide timely notice can result in significant penalties, including back pay and benefits for affected employees for up to 60 days. The notice must be written in clear, understandable language and delivered through appropriate channels.

Legal requirements in United States

Federal WARN Act requirements establish the baseline for 60-day notice obligations, but state laws may impose additional or more stringent requirements. You must serve notice simultaneously to affected employees, their representatives (including labor unions), the state dislocated worker unit, and the chief elected official of the local government where the layoff will occur. The notice period begins when you deliver the notice, not when you make the internal decision. Several exceptions exist, including unforeseeable business circumstances, natural disasters, or faltering companies seeking capital or business that could avoid the shutdown. However, these exceptions have strict criteria and require immediate notice once the exception no longer applies. Some states like California, New York, and Illinois have their own Worker Adjustment and Retraining Notification laws with different thresholds and requirements that may apply alongside federal obligations.