Layoffs

Beware shifting explanations for HR decisions

05/26/2010

When it comes to hiring and retention decisions, make sure that everyone involved in the process is on the same page. Decide on the criteria and stick with them for all candidates. Otherwise, shifting explanations about who is chosen and who is rejected can look like intentional efforts to manipulate the choice and hide underlying discrimination.

If worker on RIF list has sought reasonable accommodations, be prepared to justify

05/24/2010

Watch out! If you’re contemplating reducing your workforce in order to survive today’s harsh economic climate, you need to prepare for potential litigation. To do that, make sure you carefully document why you are making the reductions. That’s especially critical if you have been negotiating reasonable accommodations for a disabled employee who may be on your RIF list.

Can laid-off, injured worker collect workers’ comp benefits?

05/11/2010

Q. We had to lay off an injured worker for economic reasons. He has not attempted to work for a year since that layoff. Will he be entitled to temporary benefits under the Florida Workers’ Compensation Act?

Proposed Ohio law would be tougher than WARN

05/11/2010

A bill before the Ohio Legislature would require employers to provide more notice of mass layoffs than required by current state law or the federal Worker Adjustment and Retraining Notification (WARN) Act. The new proposal, H.R. 434, would require employers laying off 25 or more employees to give 90 days’ notice.

65% COBRA subsidy extended through May 31

04/20/2010

On April 15, President Obama signed into law amendments that extend eligibility for the 65% COBRA subsidy through May 31. The amendments buy time for Congress to consider additional legislation that could keep the subsidy alive until the end of the year.

Facing RIF, employees must show initiative

04/15/2010

Workers who lose their jobs in a reduction in force may look at those who were retained and conclude there had to be a discriminatory reason for their misfortune. But before they can successfully sue, employees must show some degree of initiative before they can claim discrimination. An employee who never applies for an open position or who doesn’t actively ask about available jobs isn’t going to win a lawsuit.

N.Y. Department of Labor issues new WARN Act regs

04/07/2010

The New York Department of Labor has released new Worker Adjustment and Retraining Notification (WARN) Act regulations that are more stringent than federal WARN Act provisions. Employers with at least 50 workers (including part-timers) are covered. That means those employers must provide 90 days’ notice of a mass layoff, plant closing or relocation.

Boeing flying low following EEOC harassment settlements

03/12/2010

Chicago-based aerospace giant Boeing has agreed to pay $380,000 to settle two sexual harassment complaints filed by employees at its Mesa, Ariz., plant.

Small-group layoff? No need to keep employee just because she’s the oldest

03/09/2010

If you are planning a layoff within a small group of employees, the fact that one of the employees about to lose her job is the oldest of the group won’t be the basis for a successful age discrimination claim. It takes more evidence that age was a motivating factor for the employee to win an age discrimination case. That’s because she can’t use statistics to prove the disparate impact on older workers in such a small group.

RIFs and age bias suits: Understand the power of statistics