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Layoffs

RIF didn’t achieve business goals? OK to repost jobs that were previously cut

10/04/2019
If you can clearly explain why you decided to reopen positions that were eliminated earlier, courts are unlikely to conclude you intended to discriminate against those who were not retained during the earlier RIF.

Note exact date you informed employees they would be losing their jobs

08/01/2019
Former employees generally have just 300 days to file an EEOC discrimination complaint, and the clock starts ticking on the last date discrimination occurred. But in the case of an announced termination, the crucial date is when the employee learned she was going to lose her job.

Never discourage laid-off employees from reapplying

07/02/2019
If you use economic reasons to justify laying off employees, be careful not to discourage them from applying for other jobs. That could be evidence you targeted them for termination for some unlawful reason.

Severance perks improve in hot labor market

05/14/2019
With the national unemployment rate dropping to 3.6% this month, the lowest since 1969, employers are using every trick possible to lure and keep the best employees. One increasingly popular move: expanding severance packages to separated employees.

Justify layoffs by citing economic conditions

03/26/2019
Document why you need to lay off employees, especially if it’s because of economic reasons. It’s hard for a laid-off worker to argue discrimination if it’s obvious that fiscal realities forced job cuts.

Need to lay off older employee? You can do so without violating age discrimination laws

03/06/2019
Eliminating an older worker’s job doesn’t necessarily mean you are committing age discrimination—as long as you don’t replace the worker with someone substantially younger.

No absolute requirement to notify laid-off workers that their jobs are open again

02/22/2019
Sometimes, workers who are laid off are told they’re eligible for rehire. But absent a specific promise to call if there’s a job opening, employees can’t wait months or years to complain about discrimination when they discover the job was open and someone else filled it.

Feel free to consider past discipline when rehiring staff you previously laid off

11/13/2018
When workers apply for other, open positions that they’re at least marginally qualified for, their past disciplinary history may be a good reason to not rehire them.

Document each step of the RIF process

10/31/2018
Chances are an employee won’t be able to make discrimination charges stick if you can clearly show 1) when you chose who to terminate and 2) for what legitimate business reason.

Check layoff rationale for signs of hidden discrimination

10/03/2018
A layoff based on legitimate business reasons can still form the basis for a retaliation claim if the layoff decision was based on ulterior motives.