Employment Loss under WARN

The term "employment loss" under WARN means an employment termination other than a discharge for cause, voluntary departure, or retirement; either a layoff exceeding 6 months; or a reduction in an employee's hours of work of more than 50% in each month of any 6-month period. However, there are a few exceptions in this. An employee who refuses a transfer to a different employment site within reasonable commuting distance does not experience an employment loss. An employee who accepts a transfer outside this distance within 30 days after it is offered or within 30 days after the plant closing or mass layoff, whichever is later, does not experience an employment loss. But it is necessary that in both the cases, the transfer offer must be made before the closing or layoff, there must be no more than a 6 month break in employment, and the new job must not be deemed a constructive discharge.