It’s an awkward workplace problem: Despite short-staffing, the work is still getting done. It’s a sure sign a function might have too many employees. You can consider layoffs to cut costs and increase efficiency. But do it the smart way.

Simply comparing the average age of workers before and after a RIF can make it look like age bias played a part in deciding who kept or lost their jobs. Laid-off employees’ attorneys routinely do that math. But employers can beat such statistical arguments by showing that their decision-making processes weren’t based on age, but on other legitimate business reasons.

Q. I recently read about an employer laying off an entire division and then making those employees reapply for newly reconfigured jobs in that division. This sounds like a good way to get rid of deadweight and lower our payroll. Are there any legal problems with this? Will those who don’t reapply still be eligible for unemployment compensation?

Courts understand that during a RIF, perfectly competent employees may lose their jobs. Any legitimate business reason can back up that decision. Just make sure you document the reason before you terminate anyone.

You never know which terminated employee will sue or for what. That’s why you should treat every layoff as a potential lawsuit. Defend yourself by doing all you can to help employees who may lose their jobs find other opportunities within the company.

Employees on FMLA leave are entitled to be left alone. Super­visors shouldn’t send work home with the employee or call constantly to check up. That could be considered FMLA leave interference. That doesn’t mean, however, that you can’t get in touch with the em­­ployee about important and urgent matters or enforce your broader call-in policies.