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Layoffs

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 …

Beware giving contradictory reasons for a layoff

11/01/2006

When explaining to employees the reasons for a layoff, make sure you don’t contradict yourself. That’s especially true when the same manager gives an employee different reasons: A jury can take those contradictions and infer discrimination …

Layoff choices: Focus on performance, not just salary level

11/01/2006

Nothing triggers age discrimination lawsuits like a layoff. After all, saving money is a primary consideration in most decisions to downsize. And because long-term employees are often paid more than newer employees, organizations that focus on money often end up with layoff lists heavy with post-40-year-olds. That’s a recipe for an Age Discrimination in Employment Act lawsuit …