If the RIF constitutes a “mass layoff” under the federal WARN Act, KSU will provide at least sixty (60) days’ written notice to affected employees, as required by the Act. The Office of General Counsel will determine WARN Act applicability.
Whenever possible, the written notice should be delivered in person in a meeting with the employee, their supervisor, and/or an HR representative to explain the decision and answer questions.
Decisions regarding the necessity of a RIF and the positions to be eliminated are not subject to appeal or grievance. An employee may, however, file a complaint if they believe the layoff decision was based on unlawful discrimination or retaliation, following KSU's existing non-discrimination and anti-harassment grievance procedures.
As provided in KSU’s Termination Policy, employees whose positions are eliminated or who are laid off as part of a RIF and who do not receive at least thirty (30) calendar days’ notice will receive thirty (30) days’ pay in lieu of such notice. Beyond this provision, KSU may, at its discretion, offer additional severance pay to eligible laid-off employees. The decision to offer additional severance pay and the terms of any such package will be determined by KSU leadership based on factors such as budgetary resources, length of service, and the circumstances of the RIF. If any severance pay (including the 30 days’ pay in lieu of notice, or any additional severance) is offered, it may be contingent upon the employee signing a separation agreement and general release of claims, which will comply with all applicable laws, including the Older Workers Benefit Protection Act (OWBPA) if the employee is age 40 or over.