Business Services under WARN & best practices notification

As of January 1, 2010 the New Hampshire WARN (Workforce Adjustment and Retraining Notification) legislation became effective.  This requires New Hampshire businesses that meet particular criteria to give advanced notice of layoff or closing.  You can read a summary of this legislation at: http://www.labor.state.nh.us/Warn_Act_Summary.pdf 

Previously, New Hampshire deferred to the Federal WARN Act.  The primary differences are the lowering of the thresholds to accommodate the average size of New Hampshire companies.  You do not have to be subject to WARN to give advance notice.  It is a best practice for the well-being of both the employees and the company.

The purpose of WARN is to protect the dislocated workers, giving them an opportunity “…to seek alternative jobs or enter skills training programs” before they are actually out of work and without any source of income other than unemployment benefits.  It also gives the workers time to prepare themselves and their families for surviving the transition.

Though the business community at large had some reluctance with the decision to enact a state WARN, there are advantages for the businesses as well.

First, we (the State agencies) realize that maintaining confidentiality is critical to protecting the company.  WARN or a voluntary early notification are kept in the strictest confidence.

When advanced notification of layoff or closing is received, it sets in motion support services for the company as well as the employees: the earlier the notification, the more effective the support.

Notification gives the Department of Resources and Economic Development (DRED) time to work with the company in order to determine what support is needed to help mitigate the impact of the issues leading up to the decision to close or layoff.    There are many services, resources, programs and/or funding opportunities that might help.  Don’t miss the opportunity to learn about them before you make the decision to downsize or close. It could make the difference. 

It’s important to note that how you manage this transitional process will impact not only the public image of the organization (once it is public), those who have transitioned out and your transitional workforce – those who remain.  It’s your transitional workforce which is going to help you in the recovery stages.  You’ll need to ensure their sense of trust, loyalty and corporate citizenship.  Without that, recovery will be more difficult to progress.  We can help you with that as well.

If the result is that a layoff, to whatever degree, is necessary, New Hampshire’s Rapid Response Team is ready to help your employees through the process.  The Team will insure that the employees have all of the information, resources and services needed to file for benefits, investigate training opportunities, manage the necessities of daily living and to find that next job.

When you are first faced with issues that might impact your workforce, call Fran Allain at the Department of Resources and Economic Development: at 603-271-2341 x 116 or e-mail to fran.allain@dred.state.nh.us.  Information is free, Knowledge is invaluable.

Fran Allain, Employee Retention Project Manager