Employers in New York State that are forced to layoff their employees due to COVID-19 (or any other reason) should be aware of the following notification requirements under NY State law.
Must provide written notice to any employee who goes off the payroll:
- No matter the reason for separation
- Whether it is a temporary or permanent separation
The notice must include:
- Employer’s Name
- New York State Employer Registration Number
- Mailing address where payroll records are kept
- Instructions to employees to give the information on the form to the UI Claims Center
You may use this Record of Employment (IA 12.3) provided by the NYS Department of Labor as a suitable notice to the employee.
Employers with 50 or more full time workers
Click here to read about your requirements under the WARN Act, which has not been suspended due to layoffs related to COVID-19.
- WARN Fact Sheet
- WARN Notices – a list of WARN Notices received by the Department of Labor
- Rapid Response Services – Business Fact Sheet
- Rapid Response Services – Worker Fact Sheet
- Regional Rapid Response Coordinators (updated 11/30/2018) – contact information
- WARN Law – the full WARN Law
- WARN Regulations – the regulations governing the WARN Program
- Counsel’s Office Opinion Letters
For more information:
Employer’s Guide to Unemployment Insurance Benefits
How To File an Unemployment Claim
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