Maloney O'Laughlin, PLLC fights for employees throughout Washington, from Kirkland to Spokane.

Maloney O'Laughlin, PLLC fights for employees throughout Washington, from Kirkland to Spokane.

How much warning must a Washington employer give before layoffs?

On Behalf of | Oct 30, 2026 | Disability Discrimination And Accommodation

For years, many workers at midsize Washington companies learned about layoffs on the same day they lost their jobs. Federal law requires advance notice only from employers with 100 or more employees, which left a large share of warehouse, manufacturing and office workers without that protection. A state law that took effect in July 2025 now reaches much further, and it gives laid-off workers a way to recover pay when an employer skips the warning.

When the state’s notice rule applies

According to the Legislature’s summary of the layoff notice law, the rule applies to any business whose full-time headcount hits 50. It comes into play in two situations:

  • A shutdown at one location that costs 50 or more full-time workers their jobs
  • A reduction that costs 50 or more full-time workers their jobs over a 30-day stretch

In either case, the employer must provide a written warning no later than 60 days ahead of the first job loss. Copies go to the affected workers or their union, as well as to the Employment Security Department. The warning must list details such as the site address, the expected dates and whether the change is permanent or temporary.

Protection for workers on paid leave

The law also limits which workers an employer may select. An employer generally cannot include someone who is currently on paid family or medical leave in a mass layoff, with narrow exceptions for unforeseeable business circumstances, natural disasters and certain construction projects. This rule matters for new parents and for anyone recovering from a serious health condition, since time away from work can make an employee look like an easy cut.

What you can recover if notice never came

Workers who never got proper notice can claim back pay for every day of the violation, capped at 60 days, plus the value of benefits they lost. An affected employee, a union or the Employment Security Department can file suit within three years, and courts can award attorney fees to a worker who wins. Wages or voluntary payments the employer already made for that period can reduce the amount owed.

Employers can skip notice in limited situations, such as a sudden event outside their control, but they must meet state documentation rules before relying on an exception. A lawyer can review whether an employer’s explanation actually holds up.

A layoff can also mask discrimination. If the list of people let go leans heavily toward older workers, workers with disabilities or immigrants, notice rules tell only part of the story. Understanding how disability discrimination claims work in Washington can help you judge whether a reduction in force followed the law in more than one way.