RIF Planning
RIF planning timeline
A phase-by-phase guide from decision through 30-day close-out. Work backward from your execution date. For WARN-covered RIFs, your minimum runway is 10 to 13 weeks.
60 / 90 days
WARN notice minimum
Federal law requires 60 days. NY and NJ require 90. Work backward from execution day.
3–4 weeks
Minimum without WARN
Legal review, adverse impact analysis, severance docs, and manager prep all take time.
Before any list
When to involve counsel
Not after the list is built. Counsel needs to shape the selection criteria before they are applied.
Overview
Set your execution date first, confirm whether WARN applies, and build the timeline backward. The phases below cover every step, in the order they must happen.
WARN-covered RIF
- •Minimum 10–13 weeks end-to-end
- •60-day notice period (federal)
- •90-day notice period (NY, NJ)
- •NJ: mandatory 1 week/year severance
Non-WARN RIF
- •Minimum 3–4 weeks end-to-end
- •Legal review still required
- •Adverse impact analysis still required
- •OWBPA still applies for employees 40+
When do I need to start?
Answer two questions to get your start date.
Does WARN Act apply to this RIF?
Target execution date
Timeline phases
Decision and scope
Week 1Define the business rationale in writing before anything else happens. Establish selection criteria before applying them. Identify legal counsel. Confirm who knows what and when.
- Document the business rationale in writing
- Define scope: headcount, departments, locations, and target execution date
- Identify employment counsel (internal or outside)
- Establish selection criteria in writing before applying them to any list
- Confirm confidentiality protocol: who knows, when they know it
WARN Act analysis
Week 1–2Count affected employees by location and determine whether federal WARN or state mini-WARN applies. If WARN is triggered, your execution date is now locked 60 or 90 days out. Draft and file notices before the list is finalized.
- Count affected employees by single site (federal) and company-wide (some states)
- Determine federal WARN applicability: 100+ employees, 50+ affected at one site
- Determine state WARN applicability for every affected location
- If WARN triggered: set execution date no earlier than 60 days from notice delivery (90 in NY/NJ)
- Draft WARN notices: employees, union (if applicable), state agency, local chief elected official
- File and deliver notices after legal review
NY and NJ require 90 days, not 60. NJ also requires mandatory severance for WARN-covered RIFs: 1 week per year of service.
Selection and adverse impact
Week 2–3Apply selection criteria to generate a preliminary list, then run adverse impact analysis before finalizing anything. Legal must review the final list before it leaves HR.
- Apply selection criteria to generate a preliminary list
- Run adverse impact analysis: 4/5ths rule for race/sex/national origin, separate age analysis under ADEA
- If adverse impact found: assess whether criteria can be adjusted; document rationale for any changes
- Legal review of final selection list
- Finalize list with written per-employee rationale tied to documented criteria
- Lock list: no further changes without legal sign-off
Do not finalize or share the list until adverse impact analysis is complete and legal has reviewed it.
Severance and documentation
Week 3–5Determine severance formula, calculate individual amounts, draft and review agreements. OWBPA language for employees 40 or older is mandatory and easy to get wrong under time pressure.
- Determine severance formula and get finance approval
- Calculate individual severance amounts; check employment agreements for change-of-control provisions
- Draft severance agreements with release of claims, confidentiality, and non-disparagement provisions
- Add OWBPA language for employees 40+: 21-day (individual) or 45-day (group) consideration period, 7-day revocation
- Prepare OWBPA decisional unit disclosure for group terminations involving employees 40+
- Prepare COBRA notices (must be delivered within 14 days of qualifying event)
- Calculate final pay per state law (CA requires same-day payment)
- Prepare equity treatment summary per employee
- Legal review of all agreements before any document goes to any employee
Manager and team prep
1–2 weeks before executionBrief managers no more than 48 hours before notification day. Walk each manager through the script and key facts. Prepare all communications so they are ready to send the moment the last conversation is done.
- Identify the notification manager for each affected employee
- Brief manager group (need-to-know only, no more than 48 hours in advance)
- Walk each manager through the notification script; have them practice the opening aloud
- Confirm each manager knows the key facts: last day, severance, benefits end date, consideration period
- Prepare team communication for remaining employees (ready to send same day)
- Prepare executive communication if applicable
- Brief IT on access termination protocol and timing
- Prepare equipment return instructions for remote employees
Do not brief managers more than 48 hours before notification day. Earlier briefing increases leak risk substantially.
Execution day
Execution dayIn-person or video conversations, HR present at every one. Deliver severance packages at the close of each conversation. Terminate access on the agreed schedule. Send team and executive communications only after all conversations are done.
- Check in with all managers that morning before conversations begin
- Conduct notification conversations: HR present, 15–20 minutes, do not schedule back-to-back
- Deliver severance package at end of each in-person conversation; send by email within 30 min for remote
- Terminate system access per agreed schedule
- Send team communications to remaining employees only after all notifications are complete
- Send executive or all-hands communication after team comms
- HR debrief with all notification managers: note incidents, reactions, follow-up items
Post-RIF close-out
Days 1–30Track consideration period deadlines for every employee 40 or older. Do not pay severance until the 7-day revocation period expires. Archive all documentation with a minimum 4-year retention.
- Track OWBPA consideration period deadlines for all 40+ employees
- Do not pay severance until 7-day revocation period expires for employees 40+
- Send reminders to employees who have not returned signed agreements
- Process COBRA elections and confirm notices were sent within 14 days
- Collect and log returned equipment
- Run final adverse impact audit on executed list vs. approved list
- 30-day check-in with remaining team managers: morale, workload, flight risk
- Archive all documentation: rationale, criteria, lists, analyses, agreements (retain 4 years minimum)
Paying severance before the 7-day revocation window expires creates a coercion claim under the OWBPA. Do not skip this step.
Sequencing rules
These ordering constraints matter most. Violating any of them creates legal exposure that is difficult to fix after the fact.
Selection criteria must be in writing before any list is created
Why it matters: Criteria written after the list looks like the list drove the criteria, which undermines defensibility in any subsequent discrimination claim.
Adverse impact analysis must run before the list is finalized
Why it matters: You cannot adjust criteria after finalization without documented justification. Running the analysis too late leaves no room to course-correct without creating a paper trail that looks worse.
Legal reviews the final list before it leaves HR
Why it matters: Once the list is shared beyond HR, changes create documentation problems and a potential inference that the original selection was flawed.
WARN notices are filed before the list is widely shared
Why it matters: The notice period starts from delivery. Delay in filing means delay in your execution date, which can cascade into contract, budget, and communication problems.
Managers are briefed no more than 48 hours before notification day
Why it matters: Longer lead time substantially increases leak risk and creates liability if an employee can show they were treated differently after their manager learned of the decision.
Team communications go out only after all notification conversations are complete
Why it matters: An employee learning from a team-wide email before their personal conversation is a serious process failure with legal and reputational consequences.
Severance is not paid until the 7-day revocation period expires for employees 40+
Why it matters: Early payment is evidence of coercion, which can void the ADEA waiver in the severance agreement and expose the company to age discrimination claims.
Common mistakes
Most RIF legal exposure comes from process errors, not the decision itself.
Involving legal counsel after the list is created
Counsel needs to see and shape the selection criteria, not just review the output. Bringing them in after the list is built significantly narrows what they can do.
Skipping or delaying adverse impact analysis
Running the analysis after the fact (or not at all) is one of the most common reasons RIFs result in discrimination claims. Run it before the list is finalized, every time.
Missing OWBPA requirements for employees 40+
The OWBPA has specific, mandatory requirements: the correct consideration period, 7-day revocation, the decisional unit disclosure for group terminations. Missing any of them voids the age discrimination waiver.
Setting the execution date before confirming WARN applicability
If WARN applies and you have already announced an execution date inside the notice window, you are now in violation. Confirm WARN status before setting or communicating any date.
Briefing managers too early
Managers briefed days or weeks before execution day have more time to inadvertently treat affected employees differently. Brief them 24 to 48 hours out.
Sending team communications before all conversations are done
An affected employee hearing the news from a team-wide announcement rather than their manager is a process failure with legal and reputational consequences.
Paying severance before the revocation period expires
For employees 40 or older, paying severance before the 7-day revocation period expires creates an OWBPA coercion problem. Confirm the period has expired before processing any payment.
Inadequate documentation retention
ADEA claims have a 4-year statute of limitations. Keep all selection documentation, adverse impact analyses, and signed agreements for at least 4 years.
Free download
Download the RIF planning timeline
Excel workbook with the full phase-by-phase timeline, an execution week checklist, and a post-RIF close-out checklist.
Frequently asked questions
How far in advance do I need to start planning a RIF?
If WARN applies to your situation, you need at least 60 days (or 90 in NY/NJ) before execution for the notice period alone. Add 2 to 3 weeks before that for legal analysis, adverse impact work, and documentation. For WARN-covered RIFs, plan on a minimum of 10 to 13 weeks from decision to execution. For non-WARN RIFs, 3 to 4 weeks is a realistic minimum, though more time always reduces risk.
When should I involve employment counsel?
Before any list is created. Counsel needs to see the selection criteria before they are applied, not review the output after the fact. They also need to be involved in the WARN analysis, adverse impact methodology, and review of all severance agreements.
Do I need to run adverse impact analysis even for a small RIF?
Yes. There is no minimum size threshold for the EEOC adverse impact obligation. For very small selections (fewer than 10 employees), the 4/5ths rule may not produce statistically meaningful results, but you should still document that you considered the demographic composition of the affected group and your selection criteria. Counsel can advise on the right methodology for your size.
What is the OWBPA decisional unit disclosure and when is it required?
For any group termination that includes employees age 40 or older, the OWBPA requires that each such employee receive a written disclosure listing all employees in the "decisional unit" (the group of employees considered for selection) by job title and age, along with the ages of all employees not selected. This is mandatory and the consideration period is 45 days (not 21) for group terminations. Missing this disclosure voids the ADEA waiver.
Can I change the list after it has been finalized and reviewed by legal?
Changes are possible but require documented justification and a second legal review. Every change to a finalized list creates documentation complexity and a potential inference about the original criteria. Do the work to get the list right before finalization.
How long do I need to retain RIF documentation?
A minimum of 4 years, which covers the ADEA statute of limitations. Retain the selection criteria, the rationale document, any adverse impact analyses, WARN notices and filings, signed severance agreements, and OWBPA decisional unit disclosures.
Related resources
The timeline tells you when. These resources cover the what.