Notice laws that reach further in New York
The federal WARN Act requires advance notice of certain plant closings and mass layoffs. New York's own WARN law reaches smaller employers and smaller layoffs than the federal one and calls for more advance notice, and it requires notice to state and local officials as well as employees. Whether a reduction is covered can turn on how layoffs at different sites or over a period of time are counted together. Missing a required notice can lead to liability for back pay and benefits. These questions should be settled before any announcement.
Selection and documentation
Write down the business reason for the reduction and the criteria used to choose positions before names are attached. Then review the resulting list for its effect by age, sex, race, and other protected characteristics, since a neutral process can still produce a pattern that needs explaining. Make sure the people selected actually match the criteria as written. If you are offering severance in exchange for releases in a group program, federal law requires extra disclosures for older workers and gives them time to consider the agreement. Employees on leave, those who recently complained, and those who asked for accommodations deserve a second look, not because they cannot be selected, but because the reason for selecting them must be documented. Keep the statistical analysis under counsel's direction where appropriate.
Responding when claims arrive
Claims after a layoff often allege that the reduction was a cover for discrimination or retaliation against a particular employee. We review the planning record, the selection decisions, and any communications that touched on the people involved. Releases that were properly drafted and signed can narrow or end some claims, though not every right can be waived. Agency charges with the EEOC or the New York State Division of Human Rights usually call for a written position statement, and the first one sets the tone. We also check whether any employee had a contract or collective bargaining agreement that governed the layoff.
