Layoff protections in the United States are a patchwork of federal law, state law, proposed legislation, and employer policies. Some workers qualify for advance notice or other protections. Many do not.
This section explains the laws that may apply after a layoff, how workers can report possible discrimination, and what has been proposed to strengthen federal protections.
The WARN Act
The federal Worker Adjustment and Retraining Notification Act may require certain larger employers to provide at least 60 days of advance written notice before some plant closings and mass layoffs.
WARN does not cover every employer, worker, or job loss. This guide explains when the law may apply, which exceptions employers may claim, what information a WARN notice should contain, and what workers can do if required notice was not provided.
Fair Warning Act of 2025, H.R. 5761
H.R. 5761 is proposed federal legislation that would substantially expand the WARN Act. Among other changes, it would cover more employers and layoffs, increase the general notice period to 90 days, better account for part-time and remote workers, and strengthen enforcement.
The bill has not become law and does not currently impose any new requirements on employers.
Proposal to Strengthen H.R. 5761
This independent proposal from Melissa Caudill recommends adding stronger worker protections to H.R. 5761.
The proposal includes mandatory severance, six months of employer-supported health coverage, broader protection for smaller and staggered layoffs, meaningful explanations from employers, and disclosure when eliminated work reappears elsewhere.
This proposal is not part of H.R. 5761 or current federal law.
Other Federal Laws That May Matter After a Layoff
WARN is not the only federal law that may matter after a layoff.
Depending on the circumstances, workers may also have rights involving health coverage, retirement benefits, discrimination, disability, pregnancy, unpaid wages, protected leave, military service, union activity, whistleblowing, or retaliation.
This overview explains several federal protections that may apply and links directly to information from the agencies responsible for enforcing or administering them.
How to File an EEOC Charge After a Layoff
A layoff may violate federal law if workers were selected because of race, color, religion, sex, pregnancy, national origin, age, disability, genetic information, or another characteristic protected by laws enforced by the Equal Employment Opportunity Commission.
Retaliating against someone for reporting discrimination, requesting an accommodation, or participating in a discrimination proceeding may also violate federal law.
This guide explains what the EEOC handles, how filing deadlines work, how to begin a charge, what information to preserve, and what to expect after filing.
State Layoff Protections
Some states have their own plant-closing and mass-layoff notice laws, commonly called mini-WARN laws.
These laws may cover smaller employers or layoffs that do not qualify under the federal WARN Act. They may also require additional notice, impose different obligations, or provide remedies beyond federal law.
This guide identifies states with additional layoff-notice protections and links directly to official state information.
Information on this site is provided for general educational purposes and is not legal advice. Laws, filing deadlines, and individual circumstances vary. If you may have a legal claim, do not wait until the deadline is breathing down your neck to speak with a qualified attorney.