Employment Security Department: Frequently asked questions -- March 2009

The federal Worker Adjustment and Retraining Notification (WARN) Act requires employers to provide workers 60 days’ advance notice of a plant closing or mass layoff. In general, employers are covered by the Worker Adjustment and Retraining Notification Act if they have 100 or more employees and are laying off at least one-third of their work force. The Employment Security Department administers the WARN Act system in Washington. If you wish to be notified about all WARN notices filed with Employment Security, you can sign up for our automated e-mail list.  Reporters may call Mark Varadian at 360-902-9454 or Sheryl Hutchison at 360-902-9289 with questions about layoffs in Washington.

Rapid Response normally begins with one of the following actions:

• Employment Security’s Dislocated-Worker Unit is notified about an impending layoff or plant closure, as required by the federal Worker Adjustment and Retraining Notification (WARN) Act
• An employer voluntarily notifies its local workforce development council, WorkSource office, unemployment-insurance telecenter, local Rapid Response team, or the Dislocated-Worker Unit about an impending event
• The Dislocated-Worker Unit becomes aware of such an event through public notices and other sources
• A new petition for federal Trade Act Adjustment Assistance is filed with the state Dislocated-Worker Unit.

The Dislocated-Worker Unit is generally the first point of contact and quickly establishes communication with local Rapid Response partners. State and local partners determine what initial information is available, assess the immediate needs of the workers and the employer, and form strategies for planning and carrying out initial-response activities. Rapid Response partner organizations include the Dislocated-Worker Unit, workforce development councils, WorkSource centers, Employment Security’s unemployment-insurance program, organized labor and worker representatives, the Washington State Labor Council, community and technical colleges, and community-based organizations. 
 
The Rapid Response team may schedule an initial on-site meeting with the company and union officials (if applicable) to schedule pre-layoff workshops for the dislocated workers. This meeting clarifies the expectations and defines the role of each member of the Rapid Response team. Information is gathered to help the team prepare necessary services for the affected workers. The team obtains the commitment of company management and the union (if applicable) to participate in the planning and implementation of key project activities, such as a worker survey, pre-layoff workshops, on-site transition services, and outreach activities. A transitional or labor-management committee may be formed to help guide the transition process.
 
Employers: Employers receive confidential assistance with planning transition needs; help in understanding Worker Adjustment and Retraining Notification Act (WARN) requirements; assistance with information about possible alternatives that may help reduce or avoid this or a possible future layoff; and assistance in conducting an orderly shutdown. Employers are informed about pre-layoff services designed to help workers shorten their transition to new employment; given information to assist the company in maintaining worker morale and productivity during the transition; and coordination of services for workers through WorkSource.
 
Workers: Rapid Response members meet with affected workers to introduce services to ease their transition to new employment. A survey of the workers may be conducted regarding the types of services and retraining options they would like to have. Services are customized to meet the specific needs of the population being laid off (e.g., translator services). Unemployment-insurance information packets are provided and mass applications are available. Information about free financial counseling often is provided to help workers avert the need for debt restructuring. Stress-management information also may be provided as needed, and workers may receive information about Washington’s Basic Health Plan insurance.

In general, a dislocated worker is an individual who has been laid off, is eligible for unemployment insurance, and is unlikely to return to his or her previous occupation or industry due to foreign competition or technological change. Not all employees affected by a major layoff will be dislocated workers. They might have job skills that are in demand and can return to work in their previous industry or occupation.

Like other laid-off workers, dislocated workers are eligible for up to 26 weeks of "regular" unemployment-insurance benefits. A total of 52 weeks of income support (including regular benefits) may be available for dislocated workers who are enrolled in an approved training plan.