Layoffs

Document—and date—every step of layoff process

11/08/2024

Once the word is out, some employees may take steps they think will save them from layoffs—or set up a potential lawsuit. That’s one reason to thoroughly document your layoff-related decisions and plans, even if those plans have not yet been announced. Here’s an example of how careful documentation worked to the employer’s advantage.

Ensure layoffs don’t target ‘costly’ workers

09/30/2024

When employers decide to reduce their workforces, it’s often because they need to save money. Laying off highly paid employees is one thing. It’s entirely another matter to target employees with costly medical problems that strain your self-insured health plan. That’s an almost foolproof way to trigger a lawsuit.

Fair firing: Avoid masking performance issues with layoffs

08/23/2024

A recent survey by ResumeBuilder.com has unveiled a concerning trend in corporate layoff practices: Many layoffs aren’t intended to cut costs; they’re a way to cull poor performers from the payroll.

Are RTO mandates just layoffs in disguise?

07/29/2024

More than a third of managers and senior leaders believe their organizations laid off workers because return-to-office mandates failed to make more employees quit, according to a new survey by Bamboo HR. They’re probably right.

How not to conduct a reduction in force

04/05/2024

Any layoff will cause disruption and pain for those affected. But group firings can be handled in ways that minimize the impact if the HR department implements a few best practices. That begins with notifying employees in a way that helps preserve their dignity and follows the law.

When terminations are required, always proceed with dignity

02/09/2024

Sometimes, managers must terminate employees even during good economic times. The reasons are many. An employer may choose to move in a different direction, requiring it to shed workers with skills no longer needed now that the mission has changed. Then there’s the case of the underperforming employees you finally decide to let go. Whatever the reason, managers must understand how to fire with dignity. Here are some guidelines to follow.

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.

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?