Facing a layoff can be overwhelming, especially when you’re not sure about your rights as a Texas employee. Understanding employment law may seem complex, but knowing your rights is essential. In Texas, the Worker Adjustment and Retraining Notification (WARN) Act is crucial in safeguarding employees during major employment changes.

This federal law mandates that employers must provide advance notice in cases of mass layoffs or plant closures, giving you time to look for new opportunities or retraining. 

For example, if a company with over 100 full-time employees is planning a mass layoff, they must notify you at least 60 days in advance.

At Galo Law Firm, we recognize the difficulties of layoffs and are dedicated to helping you secure your rights. Our team of lawyers is experienced in Texas employment law, providing the guidance and support you need during these uncertain times. 

Don’t face this challenge alone—contact us for skilled legal assistance. Call us today at 210-764-6135 to find out how we can help you protect your future.

Understanding Layoff Laws in Texas

Understanding the ins and outs of layoff laws in Texas can be challenging for both workers and employers. The Worker Adjustment and Retraining Notification (WARN) Act is key in setting out the rules for mass layoffs and plant shutdowns. 

This law requires Texas employers with more than 100 full-time workers to give a 60-day heads-up before carrying out major layoffs or closing a facility. This advance notice is important because it gives affected employees time to look for new jobs or sign up for retraining programs.

The law mainly applies to situations involving a mass layoff or plant closing, making sure affected employees are informed in advance. 

Mass layoffs involve job losses for a large number of employees, while a plant closing means shutting down a single employment site, either permanently or temporarily. Even part-time employees must be notified if they lose their jobs due to plant closings.

The Texas WARN Act covers both public and private sectors, including non-profit organizations. It ensures that employees are notified well ahead of any big changes at work, protecting their rights and future opportunities. 

Knowing these legal requirements helps Texas workers and employers handle layoffs better, ensuring they follow the rules and protect employees’ rights.

Advance Notice Requirements

Under the WARN Act, Texas employees must get at least 60 days’ notice before any layoffs start. This notice period allows workers to find new jobs or sign up for retraining programs. 

WARN notices should include important details like the name and address of the workplace, whether the closure or layoffs are permanent, and when the layoffs are expected to begin.

Employers need to give WARN notices directly to employees, either in person or mailed to their last known addresses. 

In workplaces with unions, notices should also be sent to union representatives, ensuring all affected employees have the information they need to prepare for the change.

Exceptions to the WARN Act

While the WARN Act sets clear guidelines, there are some situations where employers might not have to give the full 60 days’ notice. These exceptions include sudden business changes that couldn’t be predicted, natural disasters, or when a company is struggling financially.

For sudden changes, this means events that happen unexpectedly and are out of the employer’s control. 

The financial struggle exception applies if a company is actively trying to get funding for new business to avoid closing down, and giving notice might hurt those efforts. Even in these cases, employers should still give as much notice as they can to their employees.

Unemployment Benefits After a Layoff

If you’re laid off in Texas, it’s important to know if you can get unemployment benefits. The Texas Workforce Commission (TWC) handles these benefits, which are meant to help people who lose their jobs through no fault of their own. These benefits offer temporary financial support while you search for a new job.

To be eligible for unemployment benefits in Texas, you need to meet certain conditions:

1. Job Loss: You must have been laid off or experienced a reduction in hours due to no fault of your own. This includes situations such as mass layoffs or plant closings.
2. Work History: You need to have a sufficient work history and earned enough wages during your base period, which is the first four of the last five completed calendar quarters before you file your claim.
3. Availability and Capability: You must be able, available, and actively seeking full-time work. This involves registering for work with the TWC and making a reasonable effort to secure new employment.
4. Weekly Certification: To continue receiving benefits, you must submit weekly claims and report any income or job offers.

The Texas Workforce Commission (TWC) offers resources and support to help you find a new job. This includes access to retraining programs and job placement services. 

Knowing your rights and understanding how to apply for unemployment benefits can make the transition after a layoff smoother and provide financial stability while you search for new opportunities.

Am I Entitled to Severance Pay in Texas?

In Texas, employers are not legally required to provide severance pay unless it’s specified in an employment contract or company policy. However, many Texas companies choose to offer severance packages to maintain goodwill and a positive relationship with former employees.

Severance packages can vary and might include cash compensation, continued health benefits, or assistance with finding a new job. If you are facing a layoff, it’s important to check your employment agreements or company handbooks to see if you are entitled to severance pay.

Additionally, negotiating your severance package can be advantageous. Consulting with an employment lawyer can help ensure you receive fair compensation and navigate any legal intricacies. 

Employee Rights Under the WARN Act

The WARN Act is in place to protect employees by making sure they have enough time to prepare for layoffs. Here’s a simple breakdown of the rights employees have under this federal law:

1. Advance Notice: Employees must receive at least 60 days’ notice before a mass layoff or plant closing. This advance notice period allows affected employees to seek new employment, enroll in retraining programs, or make necessary life adjustments.
2. Detailed WARN Notices: Employers are required to provide detailed WARN notices that include the name and address of the workplace, whether the closure or layoffs are permanent, and the expected date when the layoffs will begin.
3. Compensation for Non-Compliance: If employers fail to provide the required notice, affected employees may be entitled to compensation. This can include up to 60 days’ worth of lost wages and benefits, along with compensatory damages.
4. Continuation of Benefits: Health insurance and other benefits should be maintained until the last day of employment. If benefits are terminated early, employers may be responsible for covering medical expenses incurred up to the job loss date.
5. Legal Recourse: Employees have the right to seek legal recourse if employers do not comply with the WARN Act. This includes filing lawsuits to recover damages, lost wages, and benefits. Employers who violate the Act may face civil penalties and be required to cover reasonable attorney’s fees.
6. Protection from Retaliation: Employees are protected from retaliation if they exercise their rights under the WARN Act. This includes seeking legal action or discussing their rights with union representatives or legal counsel.
7. Access to Retraining Programs: Affected employees have the right to access retraining programs and job placement assistance provided by the State Dislocated Worker Unit, helping them transition to new employment opportunities.

Understanding these rights under the WARN Act can greatly affect employees’ futures by ensuring they are prepared to handle the difficulties of layoffs.

How Galo Law Firm Can Help You

At Galo Law Firm, we know that dealing with layoffs can be complex and emotionally challenging. Our employment attorneys are dedicated to providing personalized legal support that fits your specific needs. We focus on Texas employment law, guiding you through the WARN Act and related protections.

We are committed to a client-centered approach, ensuring you get the attention and guidance needed during this uncertain time. Our history of advocating for employee rights is strong, and we are here to help you achieve the best possible outcome. Don’t face this challenge alone. Let Galo Law Firm be your advocate and partner in protecting your future. 

Contact us today at 210-764-6135 to discuss your case and explore your options.