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Layoffs

Must we offer time off as an ADA accommodation?

04/17/2008

Q. We employ fewer than 50 employees. What’s our obligation under the FMLA or the ADA to bring back an employee who has missed lots of work? We want to lay her off. Can we?

Make common sense the driving force of your business

04/10/2008
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AAM strike wreaks financial havoc

04/10/2008
The ongoing strike that began in February by workers at five American Axle and Manufacturing Holdings (AAM) plants in Michigan and New York has led Standard & Poor’s Ratings Services (S&P) to review AAM’s credit rating …

All other things being equal, bad attitude may be justification for layoff

04/01/2008
Ordinarily, employers should be leery of considering subjective factors when making employment decisions. Objective measures such as surpassing sales quotas, meeting quantitative goals and finishing assigned projects are the best measures for gauging employees. But sometimes you have to make tough decisions …

If employee tacks on emotional distress claim, you can ask for medical records

04/01/2008
Employees and their attorneys often add additional claims to a main discrimination claim as a way to up the ante and push for bigger settlements or larger verdicts. One of those additional claims is often for “intentional infliction of emotional distress.” Before you agree to settle a case involving an emotional distress claim, push to discover whether the supposed damage is legitimate …

Track declining productivity to justify staffing, pay and promotion decisions

04/01/2008
Part-time employees are often the first to get pink slips in an economic downturn. But watch out if your part-timers are disproportionately parents who have child care responsibilities. Don’t be surprised if those employees respond to a layoff by contacting an attorney …

Equal Pay for Older Workers

03/09/2008

HR Law 101: When designing compensation plans, employers should take into consideration whether the pay schedules have a negative impact on older workers. Several pay discrimination cases have reached the Supreme Court in recent years …

Strickland seeks to downsize by offering early retirement

03/01/2008

Gov. Ted Strickland has directed state agencies to draft proposals for offering early retirement incentives to trim their staffs and save money. Spokesman Keith Dailey said Strickland is concerned about the possibility of a recession and its potential impact on the state budget …

Financial reasons behind layoff? Make certain you can prove it

03/01/2008

When economic downturns lead to layoffs, companies can expect former employees to be bitter—and maybe even angry enough to look for reasons to sue. Before you announce layoffs, document the internal business evaluations that led to the terminations. That way, you will be ready if a lawsuit seemingly comes out of nowhere …

When transition looms, note employee interest in staying on

03/01/2008

In uncertain economic times, employers sometimes have to cut staff and redraw org charts to stay competitive. Employees often know far in advance that change is coming—and that they may lose their jobs. And some already may be looking for ways to “get back” at their companies via lawsuits …