How to use the WARN Act notice pay calculator
The United States has no general notice pay for dismissal. Employment is presumed to be at will, and no federal statute requires an employer to give an individual worker advance warning or a payment in lieu of notice. The one broad exception is a mass layoff or plant closing, and that is what this calculator covers.
The Worker Adjustment and Retraining Notification Act, 29 U.S.C. section 2101 and following, requires employers with 100 or more employees to give 60 calendar days of written notice before a covered plant closing or mass layoff. When the notice is short, section 2104(a)(1) makes the employer liable for back pay and benefits for each day of the violation, limited to a maximum of 60 days and, separately, to no more than one-half the number of days the employee actually worked for that employer. The calculator applies both ceilings and shows which one bound the result. Several states run their own mini-WARN statutes with lower headcount thresholds or longer notice, and New York requires 90 days.
Figures reflect September 2026. Coverage thresholds, exemptions such as the faltering company and unforeseeable business circumstances defenses, and state rules all change - check the statute that applies to your employer.
This calculator is for reference only and is not legal advice. Consult a licensed employment attorney about your specific situation.
Frequently asked questions
Not for an ordinary individual termination. Employment in the United States is generally at will and no federal statute requires advance notice or notice pay. The WARN Act is the exception and applies only to larger employers carrying out a mass layoff or plant closing.
Under 29 U.S.C. section 2104(a)(1) liability runs for the period of the violation up to a maximum of 60 days, and in no event more than one-half the number of days the employee actually worked for the employer. The calculator applies both limits.
Yes. Several states have their own mini-WARN statutes with lower headcount thresholds or longer notice periods, and New York requires 90 days. Change the required notice field to match the statute that applies to you.