Terminations

Stealth layoff: Beware using return-to-office mandates to encourage resignations

10/10/2023

Perhaps seeing an opportunity to avoid legal peril, some employers have reportedly started requiring employees to return to the office as a back-door way to implement stealth layoffs. The apparent hope: Some workers will refuse to abandon remote work and will quit voluntarily instead of returning to in-person work.

At-will employment, Hotel California-style

07/17/2023

The Eagles’ classic-rock hit “Hotel California” says, “You can check out any time you like, but you can never leave.” A McDonald’s franchisee has allegedly taken that sentiment to another level by posting a sign that forbids employees from quitting.

Biased bosses: Beware cat’s paw liability for discriminatory firing

07/07/2023

Under what’s called the cat’s paw theory, employers can’t defend themselves against employment discrimination claims by saying they didn’t know a supervisor was biased.

Before laying off 100 or more, consider whether WARN Act notification is required

06/21/2023

The federal Worker Adjustment and Retraining Notification Act requires employers with 100 or more full-time employees to provide written notice of impending plant closings and mass layoffs at least 60 calendar days in advance. The WARN Act defines a plant closing as the “permanent or temporary shutdown of a single site of employment, or one or more facilities or operating units within a single site of employment.”

Remote termination: Consider these 3 factors

04/17/2023

Now that many employees telework at least some of the time, terminations have gotten more complicated. Do you wait to deliver the bad news when employees come into work? Do you order all affected employees into the office for a mass firing? If you’re considering remote terminations even for employees who sometimes work onsite, here are some factors you should consider.

Layoffs on the horizon? Check for disparate impact before you cut jobs

03/27/2023

Before finalizing your list of employees to lay off, analyze the potential impact on newly hired workers. Will the terminated employees disproportionally belong to a particular protected class?

You may have to WARN workers layoffs are coming

03/24/2023

Having to lay off workers is painful. Laying off workers the wrong way can be even more painful. In most cases, there are strict laws employers must follow when cutting lots of jobs.

Be sure you can explain business-related rationale for firing decision

03/20/2023

Courts don’t like it when employers appear to make knee-jerk decisions. Before firing someone, step back and really think through your justification. Make sure the rationale for the termination is truly business-related. Then document your reasoning in case a court later asks why you did what you did.

New danger: Huge fines for gagging departing workers

03/20/2023

Chances are, you conduct routine exit interviews for most terminations, whether employees are quitting or have lost their jobs in a layoff. You might also commonly offer severance pay in exchange for employees signing an agreement not to sue or making some other promise about their future conduct. But beware! If you make employees promise to tell you about future investigations, expect a fine from the SEC.

Case of the Week: No nondisparagement and confidentiality clauses in separation agreements

02/24/2023

The National Labor Relations Board on Feb. 21 said it’s unlawful to include nondisparagement and confidentiality provisions in the severance agreements employers often ask laid-off employees to sign.