LAYOFFS

Prepare to explain budget reason for job cuts

09/29/2016
If an employee alleges she lost her job during a reduction in force because of discrimination or retaliation, counter that claim by showing there were real economic reasons for letting her go.

Base layoff decisions on previous job reviews

09/15/2016
When deciding who stays and who goes during a reduction in force, use as many objective criteria as possible.

Get legal help when contesting unemployment

09/08/2016
Employers have the right to contest a former employee’s eligibility for unemployment benefits. Talk it over with your attorney first.

Restructuring? Be sure to document reasons

09/08/2016
HR pros can’t let sympathy for an employee who is out on extended medical leave—and whose job may be in jeopardy—affect the organization’s need to respond to business needs by restructuring.

What are the legal risks of layoffs?

08/26/2016
Q. In recent months, a sharp decline in revenue has forced us to consider downsizing. What are the legal risks associated with a layoff, and how can we minimize them?

Beware fiscal trouble as justification for RIF

08/22/2016
Clearly document any economic reasons for discharging older employees. Be especially careful if you are keeping younger workers who may earn more than the older employees.

Artful wording doesn't alter WARN Act intent

08/15/2016

The 8th Circuit Court of Appeals has upheld a Worker Adjustment and Retraining Notification (WARN) Act decision based on a worker-friendly interpretation of the terms “sale of assets” and “going concern.” The decision makes it easier for workers to challenge lack of a WARN notice when their employer claims to have sold company assets to another firm.

More confusion as NYC amends displaced workers act

08/11/2016
New York City Mayor Bill DeBlasio has signed an amended version of the city’s Displaced Building Service Workers Protection Act into law, a move that may not mollify critics of the original law.

No WARN notice needed for separate oil rigs

07/06/2016
Are separate oil rigs counted under one company bannner?

When RIF affects someone who complained, prepare to show your process was fair

06/28/2016
If you ever have to consider cutting staff via a reduction in force, be sure to consider who among your employees might feel aggrieved enough to cause big legal trouble.

Keep an eye out for bosses who manipulate layoff list

06/23/2016
Before you approve a reduction in force, make sure supervisors don’t use the layoffs as a way to get rid of employees they don’t like.

Beware basing layoff on inconsistent ratings

05/31/2016
Here’s a reminder that it’s not always foolproof to base a reduction-in-force on rankings of employee performance.

School boards have wide latitude to terminate teachers for financial reasons

07/29/2015
A Texas appellate court has upheld the discharge of a teacher for financial reasons. The case shows school districts have great discretion to determine which employees to cut and don’t have to be bogged down in a detailed examination.

Be sure to document justification for RIF

04/20/2015

While you may not want to share the information with your employees as you prepare for a reduction in force, be sure to document the reasons. That’s especially true if the underlying reasons are monetary—that you simply can’t afford to employ as many people as you have in the past.

Target to cut 1,400 HQ jobs, employees email complaints

04/13/2015
Target, the country’s third largest retailer, has announced it will cut 1,400 jobs from its Twin Cities’ headquarters. Falling sales, losses from an unsuccessful expansion into Canada and last year’s massive data breach have been cited as reasons for the downsizing.
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