Ohio’s New Mini-WARN Act: What Workers Need to Know Before Mass Layoffs
If you lost your job in a mass layoff or plant closing in Ohio without receiving adequate advance notice, you may have rights under a new state law. Ohio became the 13th state to adopt its own version of the Worker Adjustment and Retraining Notification Act when the Mini-WARN Act (Ohio Revised Code Section 4113.31) took effect on September 29, 2025. This law supplements the existing federal WARN Act and provides additional protections for Ohio workers.
At Klie Law Offices, we represent workers in Canton, Ohio, and throughout West Virginia who have been affected by mass layoffs and wrongful termination. If you believe your employer failed to comply with Ohio’s new notice requirements, here is what you need to know.
What the Federal WARN Act Already Requires
The federal Worker Adjustment and Retraining Notification (WARN) Act has been in effect since 1989. It requires employers with 100 or more full-time employees to provide at least 60 calendar days’ advance written notice before a plant closing or mass layoff. A plant closing involves the permanent or temporary shutdown of a single site of employment, or one or more facilities or operating units within a single site, resulting in the loss of 50 or more employees during a 30-day period.
A mass layoff under federal law involves a reduction in force that is not the result of a plant closing but affects at least 50 employees at a single site of employment, provided those employees constitute at least one-third of the workforce at that site. If 500 or more employees are affected, the one-third requirement does not apply.
The federal WARN Act has significant limitations. It does not apply to employers with fewer than 100 employees, and it contains broad exceptions for faltering companies, unforeseeable business circumstances, and natural disasters.
What Ohio’s Mini-WARN Act Adds
Coverage and Thresholds
Ohio’s Mini-WARN Act mirrors the federal WARN Act in most respects but applies specifically within the state of Ohio. It requires covered employers to provide 60 days’ advance written notice before plant closings or mass layoffs that affect workers at Ohio facilities. The law applies to employers with 100 or more full-time employees, consistent with the federal threshold.
However, Ohio’s law provides state-level enforcement and remedies that supplement, rather than replace, the federal WARN Act. This means Ohio workers may have both federal and state claims available if their employer fails to provide adequate notice.
Notice Requirements
Under the Ohio Mini-WARN Act, employers must provide written notice to affected employees, the Ohio Department of Job and Family Services, and the chief elected official of the local government where the facility is located. The notice must be provided at least 60 calendar days before the planned closing or layoff takes effect.
The notice must include specific information about the planned action, including the anticipated date of the closing or layoff, whether the action is expected to be permanent or temporary, the expected date of separation for each affected employee, a statement of bumping rights if applicable, and the name and contact information for a company official who can provide additional information.
Penalties for Non-Compliance
Employers who violate the Ohio Mini-WARN Act face significant financial consequences. Affected employees may be entitled to back pay for each day of the violation period, up to 60 days. This includes the value of any benefits the employee would have received during the notice period, including the cost of medical insurance under group health plans. Employers may also be subject to civil penalties of up to $500 per day for each day of violation.
Who Is Protected Under the Mini-WARN Act
The law protects employees who reasonably expected their employment to continue and who were affected by a plant closing or mass layoff without receiving the required 60-day notice. This includes full-time employees who have been with the company for at least six months, part-time employees in some circumstances depending on the total workforce calculation, and employees who were working at the time the notice should have been given.
The law does not protect independent contractors, temporary employees hired with the understanding that their employment was conditional on the completion of a specific project, or employees who were already given individual notice of their termination for cause unrelated to the mass layoff.
Exceptions and Defenses
Like the federal WARN Act, Ohio’s law includes certain exceptions. The faltering company exception applies when an employer was actively seeking capital or business that, if obtained, would have avoided or postponed the closing and the employer reasonably believed that giving notice would have jeopardized its ability to obtain the needed capital or business.
The unforeseeable business circumstances exception applies when the closing or layoff was caused by business circumstances that were not reasonably foreseeable at the time the notice would have been required. And the natural disaster exception applies when the closing or layoff was the direct result of a natural disaster such as a flood, earthquake, or drought.
Even when an exception applies, the employer must still give as much notice as is practicable and must include a brief statement of the basis for reducing the notice period.
What to Do If You Were Laid Off Without Proper Notice
If you were part of a mass layoff or plant closing in Ohio and did not receive 60 days’ advance written notice, you should take several immediate steps. First, document everything you can about the layoff, including the date you were notified, the date your employment ended, and any communications you received from your employer. Second, save all documents related to your employment, including pay stubs, benefits information, and any written notices.
Third, file for unemployment benefits immediately through the Ohio Department of Job and Family Services. Receiving unemployment benefits does not prevent you from pursuing a WARN Act claim. Fourth, consult with an employment law attorney who can evaluate whether your employer was required to provide notice and whether you have a valid claim.
How the Mini-WARN Act Interacts with Other Employment Protections
Ohio’s Mini-WARN Act exists alongside several other employment protections that may apply to workers affected by layoffs. If your layoff appears to be motivated by discrimination based on age, race, sex, disability, or another protected characteristic, you may have a workplace discrimination claim in addition to a WARN Act claim.
If you were wrongfully terminated in a way that violates public policy or a specific employment contract, those claims are separate from and in addition to any WARN Act claim. Workers who were denied severance pay that was promised as part of their employment may also have additional claims.
Special Considerations for West Virginia Workers
West Virginia does not have its own state-level WARN Act. Workers at WV facilities are protected only by the federal WARN Act. However, if you work for a company with operations in both states, or if you were transferred from an Ohio facility to a WV facility before a layoff, there may be complex jurisdictional questions about which state’s laws apply. The employment law attorneys at Klie Law Offices practice in both Ohio and West Virginia and can help you evaluate your rights.
Frequently Asked Questions
Does my employer have to provide notice if they laid off fewer than 50 people?
Generally, no. Both the federal and Ohio WARN Acts require mass layoff thresholds to be met. However, if your employer conducted rolling layoffs that affected 50 or more employees within a 90-day period, the aggregate layoffs may trigger notice requirements.
Can I still file a claim if I received some notice but less than 60 days?
Yes. If your employer provided less than 60 days’ notice, you may be entitled to back pay and benefits for the portion of the 60-day period during which you did not receive notice.
What if my company filed for bankruptcy?
Bankruptcy does not automatically excuse an employer from WARN Act obligations. However, the financial condition of the employer may affect the practical ability to collect damages.
Does the Mini-WARN Act apply to temporary closures?
It can, if the temporary closure results in an employment loss for a sufficient number of employees for a period expected to exceed six months.
Contact Klie Law Offices About Your Employment Rights
If you were affected by a mass layoff or plant closing in Ohio and believe your employer failed to provide adequate notice, the employment law attorneys at Klie Law Offices can help you evaluate your options. We serve clients from our Canton, Ohio office and throughout West Virginia.
Contact us for a free case evaluation to discuss your situation.
