As businesses across the United States continue to navigate economic shifts, new data indicates that layoffs in Texas remain active in 2026, with thousands of workers impacted across multiple industries including manufacturing, retail, logistics, and hospitality.

As companies continue adjusting staffing levels, “WARN” filings provide a snapshot of how workforce changes are unfolding across Texas.

Layoff activity has been spread across major metro areas such as Houston, Austin, Dallas, and San Antonio, underscoring the broad geographic impact of these workforce changes.

One of the largest layoffs in Texas so far in 2026 involved more than 1,700 workers at a Tyson Foods manufacturing facility in Amarillo.

Employee Rights and WARN Notices

Under the federal Worker Adjustment and Retraining Notification (WARN) Act, employers with 100 or more employees are generally required to provide at least 60 days’ notice to employees in advance of qualifying mass layoffs or plant closures.

WARN protects workers from sudden mass layoffs by requiring advance notice — or compensation if that notice isn’t provided.

In Texas, WARN applies when an employer has 100-plus employees and plans either a mass layoff (typically 50 employees or more at one site), or plant closing.

Employers must provide at least 60 days’ written notice before layoffs take effect and notices must go to:

• affected employees;
• the Texas Workforce Commission; and
• local government officials.

If an employer fails to give proper notice, employees may be entitled to WARN damages, which can be pursued in court. WARN damages may include back pay and benefits of up to 60 days of pay and the value of lost benefits (such as health insurance). It should be noted, however, that WARN does not guarantee severance pay, job placement or continued employment. It only ensures advance notice or compensation if notice is not given.

What to Do If You’re Receive a WARN Notice

• Confirm if a WARN notice was filed: Check with your human resources department or the Texas Workforce Commission.
• Apply for unemployment benefits: You can often apply before your last day.
• Review your severance package: This is separate from WARN rights.
• Consult an attorney: Take action to protect your rights.

Your Rights in Addition to WARN Damages

For impacted employees, understanding all of their rights under the law remains critical when navigating WARN notices. Laid-off employees may actually have legal rights in excess of any severance being offered as related to the WARN notice.

In addition to potentially being eligible for WARN damages, employees who are laid off should also be aware of any potential violations of their USERRA or Title VII rights associated with their terminations under a WARN notification, which could also result in the receipt of damages.

USERRA

USERRA is a federal law that protects the employment and reemployment rights of individuals who serve in the military. Read more about USERRA protections here.

While USERRA does not apply to private sector employees unless they are members of the military or are veterans, under the Dole Act, those who prevail in their actions against their former employer, including those related to WARN notices, under USERRA they may be entitled to be awarded “reasonable” attorney fees.

Title VII

Title VII under the Civil Rights Act of 1964 is a federal law that makes it illegal for employers to discriminate in the workplace. Under Title VII, employees have the right to:

• equal treatment in all employment decisions;
• work free from discrimination and harassment; and
• request reasonable religious accommodations.

While both USERRA and Title VII provide protections for workers, USERRA is a narrow but stronger protection focused specifically on employees with military obligations. Title VII is a broad anti‑discrimination law protecting most workers from bias based on identity.

Understand Your Rights

Employees often don’t realize they may be entitled to advance notice or other protections under the law when it comes to WARN notices, so understanding those rights can make a meaningful difference when responding to a layoff. An employment attorney can help you understand your rights under the WARN Act and any of the benefits you may be entitled to.

Texas employment is subject to laws and regulations that differ significantly from those in other states. Consulting with a Texas employment lawyer can make all the difference. Tully Rinckey’s team of dedicated employment attorneys is available to assist you today. Please call 8885294543 to schedule a consultation, or schedule a consultation online.

Sean C. Timmons’ years of experience as an active-duty U.S. Army Captain in the selective and prestigious U.S. Army Judge Advocate General’s (JAG) Corps are a valuable asset to Tully Rinckey PLLC’s military law practice group. An aggressive and tenacious advocate for all service members facing legal issues, Sean is able to pull from his significant and diverse experience as an active-duty attorney in the Army JAG Corps, and as a civilian military law attorney, and forcefully and efficiently represent service members in both administrative and criminal proceedings across the United States and around the world.