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Layoffs

Seniority is a valid reason to retain one race over another

03/01/2007

When you need to downsize your organization, you may worry if a disproportionate number of the employees that are terminated are members of a protected class. But, as a new ruling shows, you can justify your decision by having clear documentation that shows you had a seniority rule in place and followed it …

Before reorganization, draw up a staff contingency plan

03/01/2007

Are you planning to use an early-retirement incentive to help reduce the size of your work force? If so, it’s wise to prepare contingency plans for the remaining open positions and carefully document them …

FMLA: When You Can Refuse to Reinstate a Worker

02/12/2007

HR Law 101: The FMLA allows employers to refuse to reinstate workers returning from FMLA leave under limited circumstances. For example, if you have experienced a reduction in force due to the economy or a companywide reorganization, you may be able to eliminate a returning worker’s job …

Setting layoff criteria? You can ignore past performance

02/01/2007

When planning a layoff or restructuring, you can set criteria for who gets the ax by focusing on employees’ potential future contributions and ignoring their past performance …

California WARN Act

01/15/2007

During a downsizing, employers have a legal obligation to inform their workers and the government of such action under certain circumstances. California employers must follow two sets of rules: the federal Worker Adjustment and Retraining Notification (WARN) Act and the state’s own tougher standard …

Sample Policy: At-Will Employment

01/01/2007
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Davis Vision loses NY contract; unions concerned about job cuts

01/01/2007

After 23 years, New York-based Davis Vision has lost its contract to provide vision benefits to state employees …

In layoffs, keep FMLA leave out of performance rankings

01/01/2007

Employees are not immune from layoffs simply because they’ve taken FMLA leave in the past (or are currently out on FMLA leave). But when analyzing performance to determine which employees to lay off, keep FMLA leave days out of the decision …

Release only essential information about a RIF

12/01/2006

When conducting a reduction in force (RIF), it’s vital to handle severance offers carefully. Make sure you don’t needlessly give discharged employees the idea that they can file an age-discrimination lawsuit …

Beware linking RIF with retirement incentives

12/01/2006

It’s not uncommon during economic downturns for organizations to conduct a RIF and—if the expected savings don’t materialize—to follow up with a retirement-incentive plan. But be aware of one pitfall …