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Layoffs

3M to pay $3M to settle age bias suit

09/16/2011
Minnesota-based 3M has agreed to pay $3 million to 290 former em­­ployees to settle an EEOC lawsuit that claimed layoffs in 2003 and 2006 disproportionately targeted workers age 45 and older.

OK to lay off worker who’s out on FMLA leave if it’s a business necessity

09/02/2011

Some employees assume that they will always get their jobs back after taking FMLA leave. Usually that’s true, but not always. Take, for example, a case in which an employer needs to lay off workers. An employee’s FMLA status doesn’t necessarily protect her job in such a situation.

Document discharge decision at time it’s made

09/01/2011
When an employee senses that she may be in trouble and about to lose her job, she may begin to review the last year or so with an eye toward filing a pre-emptory lawsuit. If she suddenly remembers alleged acts of discrimination, she’s sure to complain. But she won’t win in the end if her employer can show it made the decision to fire her before she ever complained.

Buying out business? Beware mass layoffs

08/18/2011
It’s a blow to companies intent on acquiring another business and replacing current employees with new workers: The California Supreme Court has ruled that local governments can pass “retention ordinances” that require new owners to keep existing employees, at least temporarily.

Section 1983 claim must prove discriminatory agency policy

07/29/2011
Public employees who miss the deadlines for suing under various discrimination laws sometimes get another bite at the litigation apple with a claim under Section 1983. But Section 1983 lawsuits also require public employees to show that their employers had a custom or policy that resulted in discrimination. That’s hard to do.

Proceed with layoff if employee you planned to cut suddenly complains about discrimination

07/25/2011

When employees hear rumors that business is down, they often worry that jobs will be cut. One trick they sometimes use is to rattle a few chains and start complaining about discrimination. Don’t let that interfere with plans already in place for a layoff or other workplace changes that you know aren’t related to discrimination. Just make sure you have adequate documentation to explain when the layoff decision was made and why.

Layoff OK after FMLA leave–with justification

06/30/2011
Employees who take FMLA leave don’t get greater protection from layoffs than employees who don’t take leave. As long as you can show that you would have eliminated a job even if the employee had not taken FMLA leave, the termination is fine.

When planning layoff, use objective factors

06/24/2011
When deciding who should get the ax during cost-cutting reductions in force, use as many objective factors as possible. For example, use performance measures that include specific achieve­­­ments and rankings based on those achievements.

Discuss retirement after layoff decision has been made

05/20/2011
Timing is everything. Suggesting retirement before any decision has been made to terminate an employee may show age discrimination. Discussing it after informing the employee that he’s been terminated doesn’t.

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?