ABCD
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About Pyn and this checklist

Pyn is an Employee Experience Platform that enables global and remote companies to provide timely and personalized employee communications.

This checklist includes considerations to prepare for a layoff of part of your team in the US. You may also be interested in our free guide on how to communicate about layoffs to ensure your employees are exited with dignity.

The checklist does not include information on closures of entire sites, layoffs in a unionized environment, state-specific information or information for layoffs in other countries.

To use, make a copy by clicking "File" at the top left, then "Make a copy." 		Disclosure: This communication is for informational purposes, and contains general information only. Please be aware that this is a very complex legal area. Pyn is not, by means of this communication, rendering business, financial, legal, or other professional advice or services.
This checklust is not a substitute for such professional advice nor should it be used as a basis for any decision or action that may affect your business or interests. Before making any decision or taking any action, you should always consult a qualified professional advisor independently.
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90 DAYS PRIORDecision
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TASKFORCE & MESSENGERSEnsure these names don't include affected staff
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"Core Decision Making Group" selected (CEO and executive leaders) / involve from startenter names
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"People Ops stakeholder(s)" selected (key drivers of process only) / involve ~60 days priorenter ~ 3 names
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"Finance stakeholders" selected (who model financial impacts) / involve ~60 days priorenter ~ 3 names
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"Legal council" selected (who signs off on documents and selection) / involve ~60 days priorenter ~ 1 or 2 names
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"IT stakeholder(s)" selected (who will turn off systems of affected staff) / involve ~30 days priorenter names
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"Communication stakeholder(s)" selected (who drive external and comms) / involve ~30 days priorenter ~ 1 name
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"Selectors" selected (leaders who select people to be layed off) / involve ~30 days priorenter ~ 5 names (can overlap with other taskforce roles)
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"Messengers" selected (managers who will inform affected employees) / involve ~5 days priorenter ~1 name per 6 affected employee (can overlap with other taskforce roles)
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"Back-up Team" selected (People providing support to Messengers on the day / involve ~5 days priorenter names (can overlap with other taskforce roles)
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CONSIDERATIONS
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Determined reason for layoffs (e.g. cost-saving)enter details
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Checked WARN Act to see if this layoff has any legal requirementsenter details (note: WARN may not apply during Pandamic- but rather emergency regs).
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Considered alternative costs savingsenter details
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Calculated how many / which positions affected enter details
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Determined how many / which locations affectedenter details
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Selected date for layoffsenter details
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Select date of commununications of layoffs (if different)enter details
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Have decided to freeze new hires, pay rises, promotionstbcenter details
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Consider if exec team can share the pain (e.g. Fly coach. Move your EA to revenue generating team) tbcenter details
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60 DAYS PRIORDecision
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LAYOFF SELECTION
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Created Selection criteriaadd link to document
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Communicated selection criteria to selection team
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Considered disparate impact on employees in protected categories
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Considered bumping or seniority rights (under some collective agreements)
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Reviewed employment agreements for restrictions on termination or that requires severance or benefitsadd link to internal HR / Legal document
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Reviewed any pending/recently resolved claims (lawsuits, discrimination charges, workers' comp claims, etc)
add link to internal HR / Legal document
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Listed any affected employee anticipated to make claimsadd link to internal HR / Legal document
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Created a employee list with all information indicated above and layoff selectionsadd link to document
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CONSIDER OPTIONS TO OFFER EMPLOYEES
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Determine weeks of severage pay (above minumum legal per WARN Act)tbcenter details
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Offer to pack personal belongings and send via posttbcenter details
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Continuation of benefits: health caretbcenter details
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Continuation of benefits: gymtbcenter details
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Continuation of benefits: othertbcenter details
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Retain company property (e.g. laptops, cell phones)tbcenter details
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Voluntary severange package pre-eventtbcenter details
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Voluntary severange package post-eventtbcenter details
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 For voluntary package, ensure you communicate:
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 - Voluntary nature of package
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 - Should be entirely free will (not influencing)
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 - Consequences of accepting/rejecting package
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 - Give employee time to reconsider and revoke acceptance
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 - Employees are given reasonable time to review package
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Employee Assistance Program (EAP) to leaverstbcenter details
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Employee assistence program communicated to people stayingtbcenter details
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Outplacement servicetbcenter details
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Consider the option to relocate to different office (incl relocation pacakage)tbcenter details
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Consider voluntary early retirement plan tbcenter details
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LEGAL / HR
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Prepared release agreement in exchange for severance pay and benefits not required by lawadd link to document
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Legal signed-off on release
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Set process to ensure all employee records are storedadd link to document
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Reviewed outstanding obligations regarding insurance or administrative services (3rd party vendors like for comp claims)
enter details
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Reviewed any independent contractors relationships that should endenter details
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30 DAYS PRIORDecision
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INFORMATION AND SEVERANCE PACKS
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Created information regarding COBRA to be provided to affected peopleadd link to document
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Created information to be provided to VISA holdersadd link to document folder
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Created information regarding equity plans / time to purchase vested options after layoff
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Create individual severance and release documents for each affected employee add link to document folder
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SECURITY / IT
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Ensure company property and network is secureenter details
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Set clear rules and guidelines on computer / laptop and other IT equipmententer details
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Set up IT / Security Planenter details
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TAXES / PAYCHECK
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Checked state requirements employment taxes (workers' comp, unemployment, etc)enter details
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Checked requirement to payment of federal or tax withholdingsenter details
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Checked legal requirements for final paycheck dateenter details
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Checked outstanding commissions or bonusesenter details
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Checked unused accrued leave entitlemententer details
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Checked if any final payments are required for child support/garnishmententer details
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PENSION, 401K, PROFIT SHARING, RETIREMENT PLANS
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Checked if any termination contribution obligation for 401k for-profits / 403(b) for non-profits / retirement? enter details (if any)
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Checked if any continuing fnding obligation for 401k / retirement?enter details (if any)
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Considered addressing 401k loans that need to be paid back
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Checked if any withdrawl liability under muli-employer pension Plan Amendments Actenter details (if any)
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Checked if any benefits offer early retiment benefits or participation in welfare planenter details (if any)
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Checked risks plans will suffer a 'partial termination' (if too many employees are removed from participation)
enter details (if any)
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Checked if any changes are required to plan post layoffsenter details (if any)
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HEALTH INSURANCE CONTINUATION
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Have created a COBRA election form for all COBRA-eligible benefitsadd link to document
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Notified of subsidies on the exchanges making heath benefits more affordableenter details (if any)
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Checked any state law health insurance continuation requirementsenter details (if any)
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Checked obligation to communicate conversation rights under policies like long-term disability and lifeenter details (if any)
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COMMUNICATIONS