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Layoffs

Overstaffed? Take logical approach to job cuts

12/03/2012

It’s an awkward workplace problem: Despite short-staffing, the work is still getting done. It’s a sure sign a function might have too many employees. You can consider layoffs to cut costs and increase efficiency. But do it the smart way.

White House WARNing on fiscal cliff: Don’t jump

10/27/2012
The Obama administration has informed federal contractors—whose funding could be slashed if a lame duck Congress fails to act before the end of the year—that they don’t have to worry about one of them yet: issuing layoff notices required by the WARN Act.

Slow business forces RIF? Most staffing decisions won’t trigger bias liability

10/09/2012
If you need to conduct a reduction in force because of slow business, it’s perfectly legal to move employees around to better meet your new needs even as you lay off others. Few judges will second-guess those moves, even if the main im­pact is on one employee who happens to be a member of a protected class.

Document business realities, performance ­criteria that led to job-cutting decisions

10/09/2012
During tough economic times, businesses often have to cut labor budgets and eliminate positions. Smart employers make sure they document that process with facts and figures—just in case an affected employee decides to sue and tries to parlay a few stray, insensitive comments into the “real” reason she lost her job.

Tell bosses: Careless comments cause lawsuits

10/09/2012
The only appropriate response to a pregnancy announcement is “Congratulations.” No smart aleck comments, no questions about family size, no wondering aloud how long the employee expects to be out. If the pregnant employee asks about leave, her boss should refer her to HR.

Beware lawsuits when top brass spouts bias

09/13/2012
When those at the top of the organizational chart make racist and other offensive comments, trouble is sure to follow. Not only do slurs often bring negative publicity, but they also taint otherwise independent employment decisions.

Planned layoffs can include those who took FMLA leave

08/07/2012
Employees on FMLA leave sometimes think they’re immume from being discharged. That’s not true. As long as FMLA leave isn’t a factor in the decision, you can fire those on leave.

OK to terminate, even after FMLA leave request

08/07/2012
If you were going to terminate an employee before you learned she wanted FMLA leave, you still can. Just be sure you can document when and why the termination decision was made.

Albany Times Union settles with Newspaper Guild

08/03/2012
The Albany Times Union and the union representing its employees have reached a settlement following a National Labor Relations Board ruling that the newspaper violated federal labor law when it laid off three employees in the fall of 2009.

OK to lay off worker who took FMLA leave as long as that’s not a factor in the decision

07/31/2012
Once an employee has used up FMLA and other leave, requiring employees to show up and get their work done is a reasonable expectation. In the following case, the court reasoned that the employer could consider attendance when deciding personnel cuts, as long as it didn’t use FMLA leave as a factor.