Layoffs

RIF results in less workforce diversity? Be ready to prove bias wasn’t the motive

02/28/2014

An employee who has lost his job may look at the resulting workforce and conclude that his race or other protected characteristic was why he was part of the reduction in force. Prepare for such potential charges with solid documentation showing you had a business reason for each position you cut—and that you didn’t consider who held the job.

Cite solid reason for termination to beat bias lawsuit based on statistical argument

02/26/2014

Employers that always have a clear and solid business reason for discharging employees seldom lose discrimination cases. That’s because even if a protected class member is affected, it’s very hard to counter the employer’s claim it terminated the employee for legitimate nondiscriminatory reasons.

It’s business as usual, even after sex change

01/14/2014

If you have an employee going through a sex change or other gender-identity issues, follow the lesson from the employer in this case: Treat such employees as you always have and make sure they aren’t harassed by co-workers. But don’t fear legitimate discipline or an evaluation based on performance.

Requiring foreign language skills isn’t discrimination

11/14/2013

Do you need some employees to speak a foreign language? Don’t worry that requiring fluency could be viewed as discrimination.

Carefully document RIF strategy to guard against discrimination claims

10/10/2013

Employees terminated during RIFs sometimes believe they were hand-selected for layoff because of discrimination or retaliation for prior complaints. Smart employers consider that possibility and carefully document the RIF process to show when the possibility of layoffs was first considered and how employees were picked for termination.

What rules must we follow if we must lay off work-visa employees?

10/02/2013

Q. Do we have any duties or obligations if we discharge employees who are in the United States on work visas?

Elevator company settles with shafted employee

10/01/2013

Schindler Elevator Corp. has agreed to settle an EEOC race discrimination lawsuit filed after it laid off a black elevator mechanic from its Charlotte office, even though he was rated higher than almost all his white co-workers who were retained.

No individual liability under federal, NY layoff notice laws

09/06/2013

Good news for supervisors who help determine who to cut in a reduction in force: Under the federal Worker Adjustment and Retraining Notification Act (WARN) and the New York State version of the law, there is no individual liability for violations.

OK to broach retirement option before layoff

08/26/2013

Merely informing an older worker that he or she may be eligible for retirement benefits while discussing a layoff isn’t evidence of age discrimination.

Must we pay severance to employee who turned down telecommuting offer?

08/22/2013

Q. We plan to lay off some of our employees and offer jobs to others in our facility in another state. We are also giving a select few of our employees the option to work from home. One of the employees to whom we gave this telecommuting option has declined it and requested severance instead. Are we obligated to pay him severance?