Layoffs

Do disabled workers have extra rights during layoff?

05/12/2011

Q. We have several temporary positions we must fill. A disabled applicant is qualified and we want to hire him but are worried we won’t be able to terminate him after the position ends. Are there any rules that require us to retain him?

It’s a man’s world? Be ready to ‘man up’ in court

04/11/2011

Reductions in force (RIFs) are fertile ground for employee lawsuits to sprout up. But as this ruling last month shows, even when a company conducts a perfectly good RIF procedure, it can be torpedoed in court by a manager’s untimely comments …

Handling layoffs: Can waivers cut your WARN Act liability?

03/14/2011

Mass layoffs trigger employer obligations under the Worker Adjustment and Retraining Notification Act, which requires some employers to provide advance written notice of a “plant closing” or “mass layoff” to their employees. But sometimes, those obligations can be waived. A recent 7th Circuit case—Ellis v. DHL Express, Inc.—held that employees who voluntarily entered into a severance agreement released their employer from liability under the WARN Act.

Considering major plant closing? Determine who is entitled to WARN compensation

03/04/2011

The WARN Act forbids employers from implementing a plant closing or mass layoff until 60 days after employees have been notified they will lose their jobs. Employees on layoff status when the announcement is made are also entitled to receive warning. They’re also entitled to wage payments if, at the time of the notice, they reasonably expected they would be recalled to work.

Plant closings: You must give 60 days’ notice

02/23/2011

The 9th Circuit Court of Appeals has issued a strongly worded opinion chastising an employer for trying to dodge liability for not giving 60 days’ notice that it would close a facility, as required by the federal Worker Adjustment and Retraining Notification (WARN) Act.

Arbitrators can decide post-termination retaliation

02/02/2011

Good news if you use arbitration agreements: They apply to former employees who claim retaliation based on protected activity. The potential result: You’re less likely to wind up defending a lawsuit in federal court.

Is there a ‘cooling off’ period for layoffs?

01/26/2011

Q. Is there a law that says we must abide by a 45-day waiting period between the time employees are told they’ll be laid off until they receive the severance payment? My supervisor said it’s called a cooling-off period. Is this a federal law?

Sick employee riffed? Beware ERISA lawsuit

01/26/2011

Employees fired because they might drive up health care costs can probably sue under the Employee Retirement Income Security Act (ERISA), which governs many employee benefits.

What are some alternatives to RIFs?

01/14/2011

Q. Our company is looking for ways to cut labor costs in order to remain competitive. We are considering implementing a reduction in our labor force and wondering if there are other cost-saving options that are not as legally risky as laying off people.

When a company sells off a function, does it have to give plant-closing or layoff notice?

01/07/2011

Q. My company is selling a portion of the business that employs more than 100 workers. Do we have any special obligations to provide notice to these employees?