Layoffs

No individual liability under federal, NY layoff notice laws

09/06/2013

Good news for supervisors who help determine who to cut in a reduction in force: Under the federal Worker Adjustment and Retraining Notification Act (WARN) and the New York State version of the law, there is no individual liability for violations.

OK to broach retirement option before layoff

08/26/2013

Merely informing an older worker that he or she may be eligible for retirement benefits while discussing a layoff isn’t evidence of age discrimination.

Must we pay severance to employee who turned down telecommuting offer?

08/22/2013

Q. We plan to lay off some of our employees and offer jobs to others in our facility in another state. We are also giving a select few of our employees the option to work from home. One of the employees to whom we gave this telecommuting option has declined it and requested severance instead. Are we obligated to pay him severance?

Should we go ahead with layoffs–including someone who complained about harassment?

05/10/2013

Q. Our company has been having financial difficulties and we have considered reorganizing for several months. Our chief operating officer has been charged with determining whether any of the current jobs can be eliminated. Recently, before any final reorganization decisions were made, an employee came forward claiming that the COO had been harassing her and had created a hostile work environment …

Assess ADA disability against average ability

04/25/2013

The ADA doesn’t cover everyone who has any kind of medical problem. Even something like complete deafness in one ear may not be enough to make an employee disabled.

RIF looming? Base layoffs on logical criteria

03/05/2013

When business is down and you need to make cost-saving cuts, it can be tempting to use that as an excuse to shed a “troublemaking” employee. Don’t do it.

Remind bosses: Steer clear of comments about employees’ use of FMLA leave

02/28/2013

Some supervisors just can’t seem to resist offering “helpful” career advice to subordinates. But remarks concerning absences that are covered by the FMLA could be viewed as interference with a protected right, not good career advice. And that could spur a needless lawsuit if the employee is terminated.

How to create a valid severance agreement: Sweeten the pot above and beyond the usual

02/07/2013

To prevent lawsuits over layoffs, employers often offer a severance agreement that requires the employee to waive the right to sue. When those agreements involve older workers, they have to meet very specific legal requirements.

Remind bosses: No comments on FMLA use

02/07/2013

Some managers and supervisors just can’t seem to resist offering “helpful” career advice to subordinates. That’s especially true for workers they may see as less devoted to their work than old-school employees. But a remark concerning absences covered by the FMLA may well be viewed as interference with a protected right.

Employers get to choose cost-cutting moves

02/01/2013

In tight times, employers must explore every cost-saving option. After looking at several ways to balance the budget, you may decide you need to trim the workforce. Don’t be surprised if a laid-off employee sues.