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Oregon Layoff: What you need to know

Oregon follows the requirements of the federal Worker Adjustment and Retraining Notification Act (WARN Act). The WARN Act imposes restrictions on the way layoffs are handled. It is designed to give employees advance notice of a layoff in order to find another job or to seek retraining in a new occupation and to give the state adequate preparation to assist the affected workers. There is additional information and a comprehensive discussion of the WARN Act.
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Employers must pay employees any wages due at the time of discharge or termination no later than the end of the first business day after the discharge or termination (OR Rev. Stat. Sec. 652.140).
The Work Share program offers an alternative to laying off employees. Under the program, instead of being laid off, employees work reduced hours and receive reduced unemployment insurance benefits. Employers wishing to participate in the Work Share program must develop a plan and have it approved by the state Employment Department.
Among the requirements for a Work Share plan are:
• The employees must qualify for unemployment benefits.
• The plan must cover at least three employees.
• Normal weekly hours of work and wages must be reduced by at least 20 percent but not more than 40 percent.
• Employees under the plan must have worked for the employer continuously for 6 months on a full-time basis or for 1 year on a part-time basis.
• The Work Share plan can last no more than 1 year (although a second plan may be filed right after an existing plan expires).
• Employees under the plan must be available to work for the employer.
For more information on the Work Share program, visit http://cms.oregon.egov.com.

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Oregon Layoff Resources

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