While the Federal WARN Act only applies to employers with 100 or more full-time employees, the Illinois WARN Act is stricter. You are entitled to receive notice if:
- You were terminated as part of a mass layoff, in which either 250 or more full-time employees or 25 full-time employees comprising at least 1/3 of all full-time employees at the site were terminated during a thirty-day period.
- You are part of a plant closing in which 50 or more employees suffer a loss of employment within a 30-day period
Illinois employers are required to provide notice to:
- Affected employees and their representatives
- The Illinois Department of Commerce and Economic Opportunity
- The chief elected official of each municipal and county government for the area where the employment loss, mass layoff, or relocation occurred
- The Governor, Speaker and Minority Leader of the House of Representatives, and the President and Minority Leader of the Senate, as well as the mayor of each municipality where the business has locations within Illinois, if the employer received state/local economic support pursuant to the Business Economic Support Act
If your employer violates the WARN Act your employer may be held liable for back pay, the value of lost benefits, and a penalty of up to $500 for each day the notice was late. The Illinois Department of Labor has the right to examine the books and records of an employer in connection with an investigation.