New York Notice of Layoff
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FAQ
Federally, and in most states, a termination letter is not legally required. In some states, currently including Arizona, California, Illinois and New Jersey, written termination notices are required by law. Some of these states have specific templates employers must use for the letter.
How to write a layoff letterAddress the letter directly to the employee.Be direct and concise about the layoff.Thank the employee for their contributions.Provide guidance for benefits and pay.List relevant resources for the employee.Include your name, title and contact info.
Put Documentation in Employee File: All documentation, including receipts for returned items and termination letters, need to go into that employee's file. You can include documentation for discipline, warnings, and performance reviews that help show why you're firing that employee.
The New York State Worker Adjustment and Retraining Notification (WARN) Act requires covered businesses to provide early warnings of closures and layoffs to all affected employees, employee representatives, the Department of Labor, and Local Workforce Development Boards.
The WARN (Worker Adjustment and Retraining Notification) Act requires businesses who employ over 100 workers to either give their employees 60 days' notice in writing of a mass layoff or plant closing, or to pay the employees if they fail to give the notice.
OVERVIEW OF STATE MINI-WARN LAWNew York enforces its own Worker Adjustment and Retraining Notification Act, which requires 90 days advance, written notice to certain agencies and parties when there is a covered: 220e Plant closing.
The New York State WARN Act requires businesses to give early warning of closing and layoffs. WARN notices DO NOT need to be submitted to DOL from businesses that employ less than 50 full-time employees. The WARN Act applies to private businesses with 50 or more full-time employees in New York State.
New York requires employers to provide a written termination letter to employees, regardless of whether the employee's termination was voluntary or involuntary. The letter must state the date of termination of employment, and the date of termination of benefits.
Those sixteen states with so-called mini-WARN acts are: California, Connecticut, Hawaii, Illinois, Kansas, Maine, Massachusetts, Michigan, Minnesota, New Hampshire, New Jersey, Oregon, Rhode Island, South Carolina, Tennessee and Wisconsin. These mini-WARN's vary greatly in scope and effect.
NJ WARN generally requires that employers in New Jersey provide advance notice of certain events, like a mass-layoff, transfer, or closure.