WARN Act Templates

WARN Act notice template

What every WARN notice must contain under 20 CFR 639.7, with separate templates for the employee notice, state agency notice, and local government notice. Includes sample language, a timing guide, and common mistakes.

Federal WARN20 CFR 639.7Free Template

3

Required notice recipients

Federal WARN requires separate written notice to employees (or union), the state rapid response agency, and the chief elected official of the local government.

60 days

Before the first separation

The notice clock runs from the date notice is received, not the date it is sent. Factor in delivery time when calculating your 60-day window.

6

Required elements per notice

20 CFR 639.7 specifies six elements that must appear in every WARN notice. Missing any one of them can defeat the notice.

What must a WARN notice contain?

A WARN notice is not a form. It is a letter that must contain specific information defined in 20 CFR 639.7. The regulation specifies what goes in each of the three separate notices: to employees or their union representative, to the state rapid response agency, and to the chief elected official of the local government.

Getting the content wrong is as bad as not filing at all. Courts have rejected WARN notices that omitted required elements even when notice was otherwise timely. The templates below cover all six required elements for each recipient type.

Three separate notices required

Federal WARN requires a distinct notice to each of three recipients. The employee notice, state agency notice, and local government notice have overlapping but different required elements. Use separate documents for each.

Who receives a WARN notice?

Three separate written notices are required under 29 U.S.C. § 2102. Each goes to a different recipient at the same time.

Affected employees (or union representative)

Each affected employee or their union representative receives written notice. Non-union employees receive individual notice. For union employees, notice goes to the union representative, not each individual member.

State rapid response agency

The dislocated worker unit of the state workforce agency. In California: Employment Development Department. In New York: Department of Labor. In Texas: Texas Workforce Commission. Each state's contact and filing method is different.

Chief elected official of the local government

Typically the mayor (for municipalities) or the county executive. The notice goes to the jurisdiction where the employment site is located. For a facility in an unincorporated county area, the notice goes to the county executive.

Required elements: 20 CFR 639.7

Every WARN notice must include these six elements. The regulation is explicit: a notice missing any required element may be treated as no notice at all.

  1. 1

    Statement of whether the action is permanent or temporary

    If temporary, state the expected duration. "This layoff is expected to be temporary, with an expected duration of approximately six months" satisfies the requirement.

  2. 2

    The expected date of the first separation

    The specific date the first employee will be separated. This is the date the 60-day clock runs backward from. Use a specific calendar date, not a relative reference.

  3. 3

    The expected date of the last separation

    For layoffs that occur over a period of time. If all separations occur on the same date, this can match the first separation date.

  4. 4

    Job titles and number of affected employees per classification

    Enough specificity to identify who is covered. "Approximately 45 software engineers and 12 product managers" is sufficient. Exact counts are not required.

  5. 5

    Name and telephone number of a company official to contact

    A named individual with a direct phone number, not a generic HR department email or general switchboard. The contact must be reachable for questions.

  6. 6

    Whether bumping rights exist

    Union contracts may allow senior employees to displace junior employees. If bumping rights exist under a collective bargaining agreement, this must be noted. If no CBA applies, state that bumping rights are not applicable.

Approximate numbers are acceptable

WARN regulations explicitly allow employers to use good-faith estimates when exact counts are not yet known. Write "50 to 75 employees" rather than refusing to notice because the count is uncertain. Refusing to file because headcount is not finalized is not a valid reason to delay.

Employee notice template

Send this notice to each affected employee individually (non-union) or to the union representative (union employees). All six required elements are included.

Employee / Union Notice
[Date]

[Employee Name]
[Employee Address]

(or)

[Union Representative Name]
[Union Name]
[Union Address]

Re: WARN Act Notice: Worker Adjustment and Retraining Notification

Dear [Employee Name] / Dear [Union Representative]:

This letter provides notice under the Worker Adjustment and
Retraining Notification Act (29 U.S.C. § 2101 et seq.) and its
implementing regulations (20 C.F.R. Part 639).

[Company Name] anticipates a [plant closing / mass layoff] at
[facility address], expected to begin on [date of first separation]
and conclude on or around [date of last separation].

This action is expected to be [permanent / temporary, with an
expected duration of approximately ____].

Approximately [N] employees in the following classifications will
be affected:

  [Job Title]           [Number of employees]
  [Job Title]           [Number of employees]
  [Job Title]           [Number of employees]

[If a collective bargaining agreement applies:]
Bumping rights under your collective bargaining agreement:
[Bumping rights exist as described in Article ___ of the CBA. /
No bumping rights apply to this action. / Not applicable: no
collective bargaining agreement covers this facility.]

For questions regarding this notice, please contact:

  [Name]
  [Title]
  [Direct phone number]

Sincerely,

[Authorized Signatory Name]
[Title]
[Company Name]

This template covers federal WARN requirements. State WARN laws (NJ, NY, CA, IL, CT, and others) may require additional content or longer notice periods. Use the WARN Act calculator to check state requirements.

State agency notice template

Send this notice to the state rapid response (dislocated worker) agency at the same time you send the employee notice. The state notice includes union affiliation information that the employee notice does not always require.

State Rapid Response Agency Notice
[Date]

[State Rapid Response Agency Name]
[Address]
[City, State, ZIP]

Re: WARN Act Notice, [Company Name], [Facility Address]

To Whom It May Concern:

Pursuant to the Worker Adjustment and Retraining Notification Act
(29 U.S.C. § 2101 et seq.) and 20 C.F.R. Part 639, [Company Name]
provides the following notice of a [plant closing / mass layoff].

Facility address:    [Street, City, State, ZIP]
Nature of action:    [Plant closing / Mass layoff]
Permanent/temporary: [Permanent / Temporary, expected duration: ____]
First separation:    [Date]
Last separation:     [Date]
Affected employees:  Approximately [N] employees

Job classifications affected:
  [Job Title]           [Number of employees]
  [Job Title]           [Number of employees]
  [Job Title]           [Number of employees]

Union affiliation: [The affected employees are represented by
[Union Name], [Local Number]. / The affected employees are not
represented by a labor organization.]

Bumping rights: [Bumping rights exist under the applicable
collective bargaining agreement. / No bumping rights apply.]

Company contact for further information:
  [Name], [Title]
  [Direct phone number]
  [Email address]

Sincerely,

[Authorized Signatory Name]
[Title]
[Company Name]

Many states provide a specific WARN filing form or portal. Check with your state's workforce agency. The letter template above satisfies the regulatory minimum; filing via the state's preferred channel is recommended.

Key state rapid response agencies

StateAgencyContact method
CaliforniaEDD Rapid ResponseOnline portal
New YorkNY DOL Rapid ResponseEmail / letter
New JerseyNJ DOL Rapid ResponseEmail / letter
IllinoisIDES Rapid ResponseLetter
WashingtonWorkSourceWAOnline
TexasTWC Rapid ResponseLetter

Local government notice

The third notice goes to the chief elected official of the local government unit in which the facility is located. This is typically the mayor (for a city or town) or the county executive (for a county jurisdiction).

The content mirrors the state agency notice. Address it to the specific official by name when possible, not to a department or general address. For a facility in an unincorporated county area, the notice goes to the county executive, not a municipal mayor.

Local Government Notice
[Date]

The Honorable [Name]
[Mayor / County Executive / Chief Elected Official]
[City/County Name]
[Address]
[City, State, ZIP]

Re: WARN Act Notice, [Company Name], [Facility Address]

Dear [Mayor / County Executive] [Last Name]:

Pursuant to the Worker Adjustment and Retraining Notification Act
(29 U.S.C. § 2101 et seq.) and 20 C.F.R. Part 639, [Company Name]
provides notice of a [plant closing / mass layoff] at the facility
located at [facility address] within your jurisdiction.

Nature of action:    [Plant closing / Mass layoff]
Permanent/temporary: [Permanent / Temporary, expected duration: ____]
First separation:    [Date]
Last separation:     [Date]
Affected employees:  Approximately [N] employees

Job classifications affected:
  [Job Title]           [Number of employees]
  [Job Title]           [Number of employees]

Union affiliation: [Represented by [Union Name] / Not represented
by a labor organization.]

Company contact for further information:
  [Name], [Title]
  [Direct phone number]

Sincerely,

[Authorized Signatory Name]
[Title]
[Company Name]

State WARN notice modifications

The federal template above satisfies 20 CFR 639.7 requirements. Five states require additional content in the employee notice itself. If affected employees are in any of these states, add the applicable elements to the federal template.

StateAdditional required contentNotice periodFiling method
New YorkNotice must include: the reason for the action (plant closing or mass layoff), a statement of bumping rights (even for non-union), and employees' right to contact the NY DOL. NY WARN also requires the employer's FEIN.90 daysNY DOL online filing portal
New JerseyNotice must include the employer's FEIN and the name and address of the union (if any). Mandatory severance language is included in the separation agreement, not the WARN notice itself.90 daysNJ DOL, Office of Dislocated Workers
CaliforniaCal-WARN notice must include a statement that the employer is providing notice under Labor Code § 1400 et seq. (not just the federal statute). No additional content elements beyond the federal template are required, but the state citation must appear.60 daysEDD Rapid Response online portal
IllinoisIL WARN follows federal content requirements. The notice must also be sent to IDES (Illinois Department of Employment Security). No additional content elements.60 daysIDES, Office of Employment and Training
ConnecticutCT WARN requires notice to the CT DOL Commissioner. If the action involves a relocation of 50+ miles, the notice must include the new facility location.60 daysCT DOL Commissioner

New York and New Jersey require 90-day notice

If your employee notice is issued under the federal 60-day timeline and you have NY or NJ employees, you are already in violation for those employees. Check state requirements before issuing any notice.

WARN notice timing: avoiding the delivery trap

The 60-day window runs from the date the notice is received, not the date it is sent. Courts have rejected notices where the employee letter was dated 60 days before separation but arrived 59 days before. The date on the letter is not the date that starts the clock.

Send via certified mail with return receipt to establish a documented delivery date.

For employee notices: hand-deliver on the day of a town hall and have employees sign an acknowledgment form. This eliminates delivery uncertainty entirely.

Build 3 to 5 days of buffer into the 60-day calculation to account for mail delivery variability.

For state and local notices: use certified mail or a delivery service with tracking and delivery confirmation.

The 60-day clock is the date of receipt, not the date of the letter

Many WARN violations stem from employers who believed they gave timely notice but could not prove when the notice was received. Without certified mail receipts or signed acknowledgments, an employer facing litigation may be unable to establish that notice arrived 60 days before the first separation.

Six common WARN notice mistakes

Missing the local government notice

Many employers send employee and state notices but forget the chief elected official. All three are required. The local government notice is often the one that creates liability in litigation because it is the easiest to overlook.

Sending notice to the wrong state agency contact

State rapid response contacts change. A letter sent to an outdated address or the wrong department may not reach the dislocated worker unit. Verify the current address before filing.

Omitting job titles and counts

A notice that says "a number of employees" without specifying job titles and counts does not satisfy 20 CFR 639.7(a)(4). Approximate numbers are fine; no numbers at all is not.

No company contact named

The regulation requires a named individual with a direct phone number. A generic HR department email or a main company phone number does not satisfy the requirement.

Failing to address bumping rights

If a collective bargaining agreement exists at the site, the notice must address bumping rights, even if none apply to this particular action. Silence on bumping rights in a unionized workplace creates an incomplete notice.

Not keeping proof of delivery

In WARN litigation, the employer bears the burden of proving timely notice. Without certified mail receipts, delivery confirmations, or signed employee acknowledgments, that burden is very difficult to meet.

Frequently asked questions

Does the WARN notice have to be on a specific form?

No. Federal WARN does not require a specific form. The notice is typically a letter that includes the six required elements from 20 CFR 639.7. Some states (like New York) have their own filing forms or online portals.

Can a WARN notice be emailed?

Yes, if the employee regularly receives work communications by email and has reasonable access to email. However, for recordkeeping purposes, certified mail or hand delivery with a signed acknowledgment is strongly preferred.

What if the number of affected employees changes after notice is sent?

WARN regulations contemplate good-faith estimates. If the actual number changes significantly, issue a supplemental notice as soon as practicable.

Does WARN notice have to include severance information?

No. Federal WARN notice requirements under 20 CFR 639.7 do not require severance information. Severance is addressed in the separation agreement, not the WARN notice.

Can one notice cover all three recipients?

No. The three notices serve different purposes, go to different addresses, and technically should be separate documents. In practice, the content overlaps significantly, but send them as separate letters to separate recipients.

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These templates are provided for general informational purposes and do not constitute legal advice. WARN Act compliance requirements vary based on employer size, location, and the specific facts of each situation. State WARN laws impose additional or different obligations. Always consult qualified employment counsel before issuing WARN notices. People Plan is not a law firm.