Layoff Guidance for Out-of-NYS Employees

Some states apply special rules to final pay for employees who earn commissions and/or for striking employees. Please contact hr-flexwork@cornell.edu if you are processing an involuntary termination for an employee in another state that meets one of these conditions.

Q. Is the layoff effective date the same as the notice date?

A. Not necessarily. The notice date is when the employee is informed of the layoff, while the layoff effective date is the last day of employment. If pay in lieu of notice is provided, the layoff effective date may be earlier than the end of the notice period.

Q: What does pay in lieu of notice mean?

A: Pay in lieu of notice means the employee will receive payment equivalent to the notice period, but their employment will end earlier rather than continuing to work through that period.

Q: Are final pay deadlines for involuntary separations based on the notice period, layoff effective date, or another date?

A: Final pay deadlines for involuntary separations are based on the layoff effective date (last day of employment), not the date notice is provided or the length of any notice period. Applicable state and local laws determine when final wages must be paid, and those laws typically calculate deadlines from the employee’s last day of employment. If pay in lieu of notice is provided, it does not usually extend the employment end date unless required by law or company policy.

See the At-A-Glance table above for a quick reference for final pay deadlines for involuntary terminations. More information, including final pay provisions for voluntary separations, is available on the Final Pay Compliance website.

Q: How will the employee’s final paycheck be delivered?

A: The final paycheck will generally be delivered via direct deposit or mailed to the employee’s address on file, consistent with how the employee normally receives pay, unless otherwise required by law. If the employee works from a state that requires a paycheck before the next scheduled payday, follow the process for issuing the final pay through DailyPay found under the “Action Steps for Existing Remote Employees" section on the Final Pay Compliance website.

Choose the Right Time and Day

• Avoid Fridays: It’s often best not to schedule layoffs on Fridays, as it leaves the employee with the weekend to process the news, which may lead to emotional turmoil or uncertainty over a long period.
• Preferably early in the week: Schedule the conversation early in the week (Monday or Tuesday). This gives the employee the chance to process the information, seek support, and begin making plans for their next steps while still having time in the workweek to follow up with HR or other resources.
• Mid-morning or mid-afternoon: Choose a time when the employee is likely to be at their best emotionally and mentally. Avoid early mornings (when they may still be groggy) or late afternoons (when they might be winding down). Aim for mid-morning or mid-afternoon for a calm, focused environment.
• Consider Time Zones: Ensure the meeting is set at a time that works for them and gives them adequate space to handle the news. If you’re in different time zones, suggest an appropriate time.

Avoid Scheduling During Peak Stress Times

• Be mindful of workload: Avoid scheduling layoffs during peak business periods (e.g., the end of quarter, during product launches, etc.), as employees may already be stressed.
• Minimize distractions: Ensure that both you and the employee will be free from work obligations during the meeting. A virtual layoff requires full focus from both parties.

Pre-Meeting Setup: Create the Right Environment

• Prep: Log in 10-15 minutes before the meeting. Test the camera, microphone, and ensure there’s no background noise or distractions.
• Choose a Professional Background: Whether it’s a simple background or a clean virtual one, make sure it’s neat and professional to convey a serious tone.

Send a Clear and Respectful Meeting Invitation

• Be neutral but clear in the invitation: Avoid being cryptic or overly direct. A simple, professional message works best, such as: “I’d like to schedule a private meeting to discuss your position with the company. Please join me at [time and date].”
• Offer an option for rescheduling: Be mindful that employees may have concerns or scheduling conflicts. Offering them the option to reschedule gives them agency in the situation, which can be calming. Example: “If this time doesn’t work for you, let me know and we can find a better time.”

Ensure Privacy and Confidentiality

• Understand Cornell’s policy on recording meetings: If an employee asks to record a meeting, you are within your rights to decline the request, however, it is recommended that you ask why the employee wants to.
• Set up a private video call: Use a secure video conferencing tool (like Zoom, Microsoft Teams, or Google Meet) and ensure the call link is shared only with the employee being laid off.
• Do not announce the meeting in a public or group calendar: Avoid scheduling the meeting with a title that hints at the reason for the conversation (e.g., “Layoff Discussion”). Use neutral titles such as “1:1 Meeting” or “Personal Conversation.”
• Environment: Be aware of your surroundings. Ideally, you want a clean, professional, and quiet space. Background distractions, such as pets, family members, or excessive noise, can take away from the seriousness of the conversation.

Make the Meeting as Short and Focused as Possible

• Avoid over-scheduling: Don’t schedule the layoff meeting during a time when the employee might have other work commitments right afterward, such as important meetings or deadlines. Set aside at least 30 minutes to an hour for the conversation.
• Give space for emotions: The employee might react emotionally. Ensure you schedule time to allow them to process the news, ask questions, and speak about their feelings.
• End with next steps: Once the news has been delivered and the employee has had a moment to react, conclude the meeting with clear next steps (i.e., severance, benefits, return of company property, etc.).

Provide Resources and Contact Information in the Invitation

• Attach helpful resources in the invitation: Include a link or reference to resources like your company’s severance policy, outplacement support, or any employee assistance programs (EAP) available to the employee.
• Provide HR or contact details: Ensure that the employee knows how to reach HR for further clarification or assistance after the meeting. This should be mentioned either in the meeting invite or at the end of the meeting.
• Include reminders for follow-up: If they need to speak with someone postmeeting (HR, a supervisor, or an HR consultant), make sure they know that these follow-up meetings are available.

Prepare for Follow-Up Meetings

• Schedule follow-up support sessions: Depending on the nature of the layoff, it may be necessary to schedule a second meeting or follow-up session to discuss severance, benefits, and other next steps. You can mention this in your meeting invitation as well.
• Clear next steps: In the meeting invite, you can mention that you’ll be discussing next steps after the meeting, including severance details, exit processes, or employee assistance programs (EAP).

Maintain Eye Contact

• Look at the camera when speaking (this will make it appear like you're making eye contact with the employee).
• Avoid looking at your own image on the screen or distractions. This can seem disinterested or disconnected.
• When the employee speaks, naturally glance at their face, but periodically return to the camera to maintain eye contact.

Sit Up Straight and Present Yourself Calmly

• Sit upright and avoid slouching.
• Keep your shoulders relaxed and open to avoid any defensive posture.
• Use natural hand gestures when speaking but avoid over-expressing as it might distract or overwhelm them.

Control Facial Expressions to Convey Empathy

• Keep your face soft and approachable. Avoid a stern or overly serious expression, as it can come off as cold.
• Use subtle facial expressions, like nodding occasionally, to show you’re actively listening and understanding their emotions.
• Be mindful of appearing overly cheerful, which can undermine the seriousness of the conversation.

Use Open Hand Gestures and Avoid Crossing Your Arms

• Use your hands to emphasize points naturally, but don’t overdo it—keep gestures calm and measured.
• Avoid clasping your hands tightly or placing them in your lap, as it can look like you're emotionally shutting down.
• If you need to take notes, do so in a way that feels like an extension of the conversation, rather than an excuse to disconnect.

Position Yourself Well in the Frame

• Position yourself at eye-level with the camera to avoid appearing “above” the employee or disjointed in the conversation.
• Avoid leaning too close to the camera, as this can create an intimidating or overly intense feeling. Similarly, don’t lean back too far, which may make you seem disengaged.
• Aim to keep your head and shoulders in the center of the frame, showing that you're focused on the conversation and the person.

Maintain a Calm and Even Tone of Voice

• Keep your voice steady and soft. Avoid raising your voice, even if the conversation is tense or uncomfortable.
• Speak slowly and clearly, especially when delivering tough news, so the employee has time to process what you’re saying.
• Avoid a monotone, as it can come off as disengaged. Instead, vary your tone slightly to express empathy and concern.

Be Mindful To Avoid Fidgeting

• Avoid tapping your fingers, shifting your weight, or playing with your hair or clothing, as these can be distracting or signal nervousness.
• Stay still and focused on the employee, which can make them feel more heard and respected.

Respond to Non-Verbal Cues from the Employee

• If the employee seems upset or starts tearing up, respond with a gentle nod or a softening of your expression to show empathy.
• If they’re silent or seem withdrawn, offer a moment of quiet and then allow them time to process. Don't immediately jump into logistical details. Let them express their feelings.
• If they start fidgeting or seem agitated, remain calm, and keep your body language open and non-confrontational. Acknowledge their discomfort by saying something like, “I can tell this is tough. Please take your time.”

Be Mindful of How Long You Pause Between Statements

• After delivering significant news or statements, allow a natural pause. Let the employee absorb the information before responding. This can allow for emotional processing and ensure they have space to ask questions.
• If there’s silence, it’s okay. Don’t rush to fill it with words. The pause allows space for them to react, ask questions, or process emotions.

Demonstrate Active Listening

• Nod occasionally to show you’re listening.
• Avoid distractions, such as checking your phone or looking away from the screen, while they’re speaking.

Take Your Time, Don’t Rush the Conversation

• Give yourself time to breathe and collect your thoughts before speaking.
• Take small pauses between sentences, especially when discussing tough topics, to allow the conversation to flow naturally.
• If they need time to process or respond, give them that space without rushing them.

End the Conversation with Reassurance and Compassionate Body Language

• Show a warm, understanding facial expression, and use gentle, positive gestures (like a slight head nod).
• Keep your body open and non-closed, signaling that you’re there for them.
• End the conversation with reassurance and a clear o􀆯er to help in the future.