Layoffs

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.

Be prepared to explain business case for RIF

07/24/2012

Simply comparing the average age of workers before and after a RIF can make it look like age bias played a part in deciding who kept or lost their jobs. Laid-off employees’ attorneys routinely do that math. But employers can beat such statistical arguments by showing that their decision-making processes weren’t based on age, but on other legitimate business reasons.

Can we lay off a department and require reapplication?

07/24/2012

Q. I recently read about an employer laying off an entire division and then making those employees reapply for newly reconfigured jobs in that division. This sounds like a good way to get rid of deadweight and lower our payroll. Are there any legal problems with this? Will those who don’t reapply still be eligible for unemployment compensation?

Document decision-making criteria before choosing who stays and who goes in RIF

07/12/2012

Courts understand that during a RIF, perfectly competent employees may lose their jobs. Any legitimate business reason can back up that decision. Just make sure you document the reason before you terminate anyone.

Layoffs looming? Help workers find internal opportunities

07/05/2012

You never know which terminated employee will sue or for what. That’s why you should treat every layoff as a potential lawsuit. Defend yourself by doing all you can to help employees who may lose their jobs find other opportunities within the company.

Need to contact employee out on FMLA leave? Be sure to document reason for the call

07/05/2012

Employees on FMLA leave are entitled to be left alone. Supervisors shouldn’t send work home with the employee or call constantly to check up. That could be considered FMLA leave interference. That doesn’t mean, however, that you can’t get in touch with the employee about important and urgent matters or enforce your broader call-in policies.

Was Plano dismissal a layoff–or age bias?

07/03/2012

An electrician with 25 years of service to the Plano Independent School District has sued, alleging he was fired because of his age, not because the district needed to cut staff.

Don’t apply ADA to temporary conditions

06/08/2012

Some employees believe that any physical problems that linger after surgery or other medical treatment are disabilities that entitle them to ADA protection. That’s not true. Disabilities are permanent. Temporary, post-surgical problems don’t qualify.

When handing out RIF pink slips, avoid age bias claims by offering good business reasons

05/25/2012

When a company reorganizes and consolidates several positions into one, the resulting reduction in force (RIF) may affect an older employee. The employee who loses a job may feel the real reason is age and that the employer took advantage of a RIF to eliminate older workers. You can structure your RIFs to avoid losing an age discrimination claim.

Court carves out another age-bias class: Employees age 50 and older

05/24/2012

A federal court considering the question for the first time has concluded that workers over a certain age can challenge the disparate impact a reduction in force may have on that age group.