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Terminations

Always review supervisors’ firing recommendations

06/04/2020
HR should insist on reviewing every discharge decision before it is carried out. Thoroughly analyze past discipline to ensure consistency and fairness. It’s the best way to prevent a biased manager from triggering a losing lawsuit.

Why you should think twice about a ‘Zoom termination’

06/01/2020
Even during a national emergency, sometimes you have no choice but to terminate an employee—and sometimes the termination is brought about because of it. How should you go about the process in this time of heightened legal and emotional sensitivity, especially when face to face contact might be tricky?

Coming to a court near you: covid-19 lawsuits

05/27/2020
In just a few weeks, dozens of federal lawsuits have been filed alleging some workplace wrong related to the coronavirus or covid-19.

How to protect your company’s data when letting go of a remote employee

05/21/2020
An astounding 87% of employees take company data with them on their way out the door. How can businesses protect their data when laying off employees who are currently working from home? Your checklist should include the following steps after an employee gives notice.

Some WARN Act notification rules still apply

05/07/2020
Usually, the federal Worker Adjustment and Retraining Notification Act requires employers to provide 60 days’ advance notice before closing down a workplace. However, a clause in the WARN Act provides for exceptions.

As economic road turns rough, dodge these 4 RIF potholes

04/07/2020
With the coronavirus pandemic ravaging the economy, layoffs are in the news—and on the agendas of leaders and HR pros at employers big and small. Here are four critical and often overlooked reduction-in-force potholes that can make the route more treacherous than it needs to be.

Say goodbye on good terms when forced to downsize

03/24/2020
If you’re contemplating a layoff, you’ve no doubt given some thought to which employees you want to let go—and which ones you absolutely must retain. But know this: Every time an organization lays off even a few employees, voluntary turnover jumps in response—and the ones who choose to leave are most likely employees you intended to keep.

3 lawsuit-proof alternatives to layoffs

03/19/2020
With business slowing nationwide because of the coronavirus pandemic, many employers have already laid off staff, and many more fear they will have to do so soon. Before you commit to wholesale reductions-in-force, there are three alternatives worth considering.

Have manager who hired also do the firing

03/05/2020
Courts have long assumed that if the same manager hires an applicant and then fires that employee later, chances are he or she didn’t do so for discriminatory reasons. It simply doesn’t make sense—especially when the applicant’s protected status was obvious at the time she was hired.

States out front: Is mandatory severance next?

02/13/2020
New Jersey has enacted a law requiring severance pay for employees who lose their jobs in so-called mass layoffs. It’s the latest in a series of workers’ rights initiatives bubbling up from state legislatures instead of the federal government.