No, my point is that it's
irrelevant whether they're underperforming or not; what matters for WARN purposes is the amount of workers being laid off.
Only for-cause terminations are excluded the WARN Act, and for-cause in this context means specifically behavior that violates the law, or the employee handbook setting forth company rules (which are binding on both the company and employee, which is why companies make you read them every year). Also note that companies can't make poor performance a violation of company rules; this has been tried before and smacked down pretty harshly even in right-to-work states.
Thus, those 5% laid off due to stack ranking are entitled to 60 days of severance, or 60 days notice of an impending termination.