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Never mention workers’ ages when discussing reduction in force

What not to do when closing down offices in which workers are older than the company average: Mention that eventually you may be able to hire younger replacements at lower cost. That’s just asking for a lawsuit.

Was that really a layoff, or just an excuse to get rid of a squeaky wheel?

The 8th Circuit Court of Appeals had reinstated a lawsuit against a grain operator based on the suspicious timing of a discharge and the use of what the court thought sounded like a manufactured excuse for not rehiring the worker.

Budget crisis is valid reason for termination

Courts don’t want to be in charge of running your business. Generally, if you can put forth a genuine, legal rationale reason for an action—such as terminating an employee for budgetary reasons—courts aren’t going to step in.

Laying people off? Better have answers for them

HR executive and trainer Paul Falcone has offered solid sample answers to the questions you never thought you’d have to hear.

Beware altering job description during RIF

If you are engaged in a reduction in force and rewrite a job description so an older employee is eliminated because she lacks a requirement in the new description, she could sue you and easily win in court.

Sudden business reversal means WARN Act notification requirements don’t apply

The Worker Adjustment and Retraining Notification (WARN) Act requires employers to notify employees 60 days before closing down or conducting a mass layoff of 50 or more workers. However, there are exceptions.

One worksite or more? It matters for WARN

The more centralized the management and direction and the more equipment and staff are shared between locations, the more likely a court will consider the separate locations to be part of the same operation.

3rd Circuit on RIFs: ADEA lets subgroups of older workers bring class-actions

The 3rd Circuit Court of Appeals has approved sub-dividing groups of older workers so some may bring age discrimination claims even if the layoffs overall did not generally discriminate against older workers.

All about California’s WARN Act

What are our notice requirements? … What must WARN notices say? … What if we don’t give notice?

Downsizing in New York? Know when you need to WARN your employees

If your business is planning or considering downsizing at these levels, then a review of the WARN Act needs to be undertaken early in the process.
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