Layoffs

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.

Reduction in force? Make sure severance packages are equitable for similar employees

04/27/2012

Here’s something to keep in mind if you’re contemplating a reduction in force: If you plan to offer severance packages in exchange for a liability release, make sure you aren’t too selective about who gets the best deals.

Beat bias lawsuits with cold, hard facts

04/16/2012

Employers that are prepared to offer cold, hard facts to defend their decisions—even those that may look suspicious at first glance—rarely lose lawsuits. The more objective the business reasons you have for personnel decisions, the better off you are.

USERRA doesn’t require veteran’s preference

04/12/2012

USERRA is not a veteran’s preference law. It merely guarantees that service members can return to work no better or worse off than if they never left.

Selling the company: When must we tell employees?

04/09/2012

Q. We are selling our small business (15 employees). The company buying us won’t be hiring our staff. How many days’ notice is required to notify our employees? Will our employees qualify for unemployment benefits?

Full-time leave for medical treatment? Make sure it’s what employee wants

03/29/2012

Faced with a sick employee, you may recommend short-term disability leave to receive medical treatment. But that could violate the ADA if the employee neither needs nor wants all that time off.

Foreign-born worker sues? Know difference between national origin and immigration status

03/29/2012

While it is illegal to discriminate against an individual based on his or her national origin, that doesn’t mean that discrimination against someone based on her immigration status is forbidden. That’s because immigration status isn’t tied to a particular national origin.

When RIF costs protected employee’s job, take care how you reassign the work

03/09/2012

Here’s something to consider when planning a reduction in force: If you know the move will mean someone in a protected class will lose his job, think strategically in case he sues.