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Layoffs

Document performance problems to justify RIF list

09/24/2020
Use objective criteria when deciding who will keep or lose their job during a reduction in force. Then be sure to document your specific, business-related reasons for handing out pink slips. That will help you prevail in court if an employee sues, alleging a RIF was based on discrimination.

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.

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.

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.