HR - Reduction in Force (RIF)

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Plan a reduction in force, federal WARN Act analysis, state mini-WARN checks, a four-fifths-rule disparate-impact pre-check on the selection list before anyone is told, the notification timeline, and an OWBPA and ADEA-compliant severance and release framework including the 45-day disclosure for group terminations.

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File: SKILL.md
Length: 242 lines1,889 words, about 9 min read
Category: HR and hiring
License: Apache-2.0Open source license
Author: Ferrox Labs
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Templates only - not employment-law advice. A RIF without WARN Act compliance, disparate-impact analysis, and OWBPA-compliant releases is a class-action fact pattern. Have HR counsel sign off BEFORE notification.

HR - Reduction in Force (RIF)

Plan a legally-defensible reduction in force: WARN Act analysis, disparate-impact pre-check, notification timeline, severance and release framework.

⛔ STOP - counsel checkpoint required

Multi-state RIFs and any RIF affecting 50+ employees at a single site MUST go through counsel BEFORE notification. WARN Act notice timing, mini-WARN state variations, and OWBPA disclosure obligations are unforgiving.

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## RIF Plan **Date plan finalized:** [Date] | **Effective notification:** [Date] | **Effective separation:** [Date] **Counsel sign-off:** [Date, name] ### 1. Business Reason (documented) [Specific, contemporaneous - not retroactive - economic / strategic / structural reason] ### 2. Scope - Total company headcount: [X] - Affected: [X] (= [%] of total) - Single-site analysis: - Site [Name]: [Site headcount X] / [Affected X] / [Site %] - States affected: [list] ### 3. WARN Act Analysis - **Federal WARN applicable?** [Y/N - based on 100+ EE threshold + plant closing or mass layoff trigger] - Mass layoff trigger: 500+ OR (50-499 AND ≥33% of single site) - Notice required: 60 days advance to (a) employees, (b) state dislocated worker unit, (c) local elected official - **Mini-WARN by state**: - CA: [Applicable Y/N - 75+ EE; 60 days] - NY: [Y/N - 50+ EE; 90 days] - NJ: [Y/N - 100+ EE; 90 days + mandatory severance 1wk/yr] - [Other states] - **Notification timeline**: - WARN notice issued: [Date] (60 days before separation; 90 days for NY/NJ) - Employee meetings: [Date] - Separation effective: [Date] ### 4. Disparate-Impact Pre-Check (4/5ths rule) [Insert table from above; analyze before announcing] If any flag: business-necessity defense documented OR list revised. Counsel reviewed: [Date]. ### 5. Selection Criteria (defensible) 1. [Criterion - e.g., "Position elimination: roles in Function X consolidated"] 2. [Criterion - e.g., "Skill requirements for retained roles"] 3. [Criterion - performance only if rating process is rigorous + bias-checked] Excluded: subjective "fit," informal "discretion," tenure-only, cost-only without role rationale. ### 6. Severance and Release Framework - Severance formula: [X weeks of base + Y weeks per year of service, capped] - COBRA / mini-COBRA subsidy: [X months] - Equity acceleration: [If any] - Outplacement: [Service if offered] - **OWBPA disclosure** for 40+ (mandatory if any 40+ employee in RIF): - 45-day consideration / 7-day revocation - Decisional unit + criteria + selected-vs-not titles and ages ### 7. Communications Plan - All-hands announcement: [Date - after individual notifications] - Manager talking points (with HR script + Q&A) - Customer / vendor / partner outreach - Press / external comms (if material) - Internal Q&A document ### 8. Notification Day - One-on-one notification meetings (manager + HR + counsel-on-standby) - Severance package delivered: [WARN notice + termination letter + separation agreement + COBRA notice + state pamphlets] - Same-day final pay if state requires (CA, MA, etc.) - Equipment retrieval scheduled - Data preservation BEFORE access revocation (litigation hold check) ### 9. Outplacement and Wellness - Outplacement provider: [Name] - EAP for retained employees (RIF survivors): [Resource] ### 10. Post-RIF Reviews - 30-day check on retained employees (workload, morale, regrettable resignation tracking) - WARN compliance audit - Disparate-impact post-mortem

State	Threshold	Notice	Notes
CA	75+ EE; covered facility	60 days	Includes relocations 100+ miles; CalWARN broader than federal
NY	50+ EE; site-based	90 days (longer than federal)	"Reduction in workforce" of 25+ EE / 33% / 250+
NJ	100+ EE	90 days + mandatory severance (1 wk per yr of service)	NJ Millville Dallas Airmotive Plant Job Loss Notification Act
IL	75+ EE	60 days
TN	50+ EE	60 days
HI	50+ EE	60 days	+ dislocated worker allowance
WI, IA, KS, MN, ND, OH, OR, PA, RI, SC, VT	Various	Various	Verify state DOL

Defensible	Risky
Job/position elimination (specific roles cut)	"Last in, first out" alone (age proxy)
Skills / certifications required for retained roles	"Highest paid" (age + tenure proxy)
Documented performance ratings (if rating process is rigorous + bias-checked)	"Manager discretion" with no criteria
Cross-training / breadth of skills	"Cultural fit"
Specific competency requirements	"Most likely to leave anyway"

HR - Reduction in Force (RIF)

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HR - Reduction in Force (RIF)

⛔ STOP - counsel checkpoint required

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HR - Reduction in Force (RIF)

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HR - Reduction in Force (RIF)

⛔ STOP - counsel checkpoint required

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About this skill.

Pre-flight (REQUIRED)

Federal WARN Act (1989)

Mini-WARN states

Disparate-impact pre-check (4/5ths rule)

Selection criteria - defensible vs not

OWBPA / ADEA group-RIF requirements (employees 40+)

Output - RIF Plan

Common pitfalls

Output Path

Output footer (REQUIRED on every generated plan)

Group	# in retained pool	# in selected list	Selection rate (selected / pool)	Ratio vs majority
Sex: female	[X]	[X]	[%]	[ratio]
Sex: male	[X]	[X]	[%]	1.00 (baseline)
Race: Black	[X]	[X]	[%]	[ratio]
Race: Hispanic	[X]	[X]	[%]	[ratio]
Race: White	[X]	[X]	[%]	1.00 (baseline)
Age: 40+	[X]	[X]	[%]	[ratio]
Age: <40	[X]	[X]	[%]	1.00 (baseline)
Disability	[X]	[X]	[%]	[ratio]
Pregnancy	[X]	[X]	[%]	[ratio]
FMLA in last 12 mo	[X]	[X]	[%]	[ratio]

HR - Reduction in Force (RIF)

More HR and hiring skills.

The full skill.

HR - Reduction in Force (RIF)

⛔ STOP - counsel checkpoint required

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Questions.

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HR - Reduction in Force (RIF)

More HR and hiring skills.

The full skill.

HR - Reduction in Force (RIF)

⛔ STOP - counsel checkpoint required

Put this skill to work.

Questions.

Give your first job to Murage.

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Find HR - Reduction in Force (RIF) and switch it on

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About this skill.

Pre-flight (REQUIRED)

Federal WARN Act (1989)

Mini-WARN states

Disparate-impact pre-check (4/5ths rule)

Selection criteria - defensible vs not

OWBPA / ADEA group-RIF requirements (employees 40+)

Output - RIF Plan

Common pitfalls

Output Path

Output footer (REQUIRED on every generated plan)