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  1. Topics & Tools
  2. Employment Law & Compliance
  3. Layoffs Are Happening: Tips for HR Before, During, and After Them
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Layoffs Are Happening: Tips for HR Before, During, and After Them

May 8, 2025 | Allen Smith, J.D.

Laid-off workers leaving an office building and carrying boxes of personal belongings.

More than 1 in 7 HR professionals said their organization had conducted a reduction in force (RIF) over the last 30 days, according to the SHRM March 2025 Current Events Pulse survey. Among those HR professionals who conducted layoffs, the most likely reason was a workforce reorganization (50%), followed by changes in business strategy (37%) and poor business performance (36%).

Layoffs aren’t easy, “but when they are completed respectfully with defensible strategies, they are easier,” said Joyce Chastain, an employment law compliance consultant at The Krizner Group in Tallahassee, Fla.

With the possibility of more layoffs looming, here are tips for HR professionals on preparing for, conducting, and responding to employees’ concerns about RIFs.

Preparation

Before laying off employees, HR should ensure alternatives have been considered, said David Epstein, SHRM-SCP, director of human resources and talent strategy at Mobilization for Justice in New York City. “A RIF is devastating to an organization and should only be done when it is economically necessary and business-related,” he said.

Alternatives to layoffs include reduced hours, pay cuts, furloughs, and voluntary exit incentive plans, noted Michael Schlemmer, an attorney with Morgan Lewis in Palo Alto, Calif., and Joseph Nuccio, an attorney with Morgan Lewis in Princeton, N.J.

If there is to be a layoff, HR can help shape the selection criteria or train leaders to design the selection process in a legitimate and nondiscriminatory way, said David J.B. Froiland, an attorney with Ogletree Deakins in Milwaukee.  

HR can also work to ensure the selection criteria are applied fairly and the process for the selections is documented, as well as identify which selections carry significant risks, sometimes due to workers’ personalities.

There should be a theme about the layoff that clearly and succinctly articulates the reasons for it, said Dan Prokott, an attorney with Faegre Drinker in Minneapolis. HR should understand the RIF’s goal, he added, whether that’s, for example, a certain level of cost savings, increased synergies, or integration of previously separate workforces.

“Create a messaging plan for the organization that is respectful and kind, truthful and authentic, hopeful and aspirational,” Froiland recommended.

He cautioned HR to avoid: 

  • Disregarding preliminary selections that seem unfair or biased.
  • Telling employees their positions are being eliminated when this isn’t true.
  • Whitewashing the messaging to any audience.

Disparate-impact analysis should be run by counsel to validate whether selection criteria may be resulting in preliminary selections that could be challenged as suggesting bias, Froiland said. While the Trump administration has indicated that the U.S. Equal Employment Opportunity Commission should de-emphasize disparate-impact litigation and called such litigation unlawful, private plaintiffs might bring such claims.

Other preparation for HR includes providing notice if required by the Worker Adjustment and Retraining Notification Act, Chastain noted.

Severance packages must also be determined, and Older Workers Benefit Protection Act regulations reviewed for compliance.

How-To Guide: How to Conduct a Layoff

HR should guide the discussions from an organizationwide perspective, Chastain said. “Every departmental leader wants to salvage their team and therefore will not likely be as objective as the HR leader,” she explained.

Implementation

When RIFs happen, HR professionals shift into a support and implementation role, said Jeremy York, SHRM-SCP, lead consultant and president of InvigorateHR, an HR consultancy in Indianapolis.

There’s also coordination of logistics — everything from exit interviews to collection of company property to terminating system access. “We handle the processing of separation paperwork and benefits information, all while striving to maintain confidentiality and dignity throughout what is an extremely challenging process for everyone involved,” he said.

HR should be ready to answer laid-off workers’ questions about severance and benefits continuation. 

“While security measures may be necessary, implement them respectfully to maintain dignity,” York said. “Arrange for affected employees to collect personal belongings without embarrassment, perhaps after hours or with privacy.”

Timing and approach matter tremendously, he noted. HR should schedule termination meetings early in the day and week to avoid leaving remaining employees without support over a weekend, he recommended.

Follow-Up

After the layoff notifications are complete, HR should promptly communicate with the remaining staff.  

The remaining staff may be afraid they will lose their jobs and begin looking for other work. They need to be told they’re valued, and that should be communicated more than once to re-engage them, Chastain said. 

It isn’t uncommon for employees who aren’t laid off to later resign. Consider retention bonuses to prevent this, Prokott recommended.

“HR should work to build trust with those employees remaining with the organization by communicating that layoffs are complete or be transparent that there may be more to come,” Epstein said. 

HR can’t share exact severance amounts or details. But it can communicate that the organization did its best to provide severance, benefits, and outplacement services. This will build credibility among those staff who are concerned about their job security, he said.

HR’s Role

HR’s role during layoffs requires balancing three priorities: ensuring compliance, supporting organizational effectiveness, and preserving human dignity throughout the process, York said.

Protected categories such as race, gender, age, and national origin must not be discussed or considered in making selections, cautioned Kerry Notestine, an attorney with Littler in Houston. HR should also protect the company from potential liability by ensuring other protected statuses such as maternity leave and disability are not a basis for selection decisions.

“A well-managed RIF, though undeniably painful, can ultimately position an organization for renewed success while treating people with respect during what is likely one of the most difficult transitions of their professional lives,” York said.

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