Layoffs

Beware altering job description during RIF

05/03/2017

If you are engaged in a reduction in force and rewrite a job description so an older employee is eliminated because she lacks a requirement in the new description, she could sue you and easily win in court.

Sudden business reversal means WARN Act notification requirements don’t apply

03/07/2017

The Worker Adjustment and Retraining Notification (WARN) Act requires employers to notify employees 60 days before closing down or conducting a mass layoff of 50 or more workers. However, there are exceptions.

One worksite or more? It matters for WARN

03/07/2017

The more centralized the management and direction and the more equipment and staff are shared between locations, the more likely a court will consider the separate locations to be part of the same operation.

3rd Circuit on RIFs: ADEA lets subgroups of older workers bring class-actions

02/01/2017

The 3rd Circuit Court of Appeals has approved sub-dividing groups of older workers so some may bring age discrimination claims even if the layoffs overall did not generally discriminate against older workers.

All about California’s WARN Act

11/28/2016

What are our notice requirements? … What must WARN notices say? … What if we don’t give notice?

Downsizing in New York? Know when you need to WARN your employees

11/11/2016

If your business is planning or considering downsizing at these levels, then a review of the WARN Act needs to be undertaken early in the process.

Ensure employees on leave understand termination rules

11/02/2016

If you have a policy on terminating employees who are out on leave, be sure to issue reminders about the rule and the timeline.

Minor deviation from layoff procedures? Courts unlikely to consider that discrimination

10/17/2016

Of course you should always strive to follow your internal policies and procedures to the letter. That doesn’t mean you need to panic if you discover that someone unintentionally deviated from your standard practice.

Ensure early-out incentives are equitable

10/07/2016

Often before an employer implements a reduction in force, it may try to encourage employees to resign or retire by offering early-out incentives.

Prepare to explain budget reason for job cuts

09/29/2016

If an employee alleges she lost her job during a reduction in force because of discrimination or retaliation, counter that claim by showing there were real economic reasons for letting her go.