Layoffs

Layoffs looming? Use past reviews to decide who stays and who goes

01/14/2013

Smart employers use past performance rankings as the major criterion for laying off employees during a reduction in force. The reason is obvious: Since the rankings predate the layoff decisions, they’re almost impossible to challenge.

OK to cut returning veteran’s job if decision wasn’t based on military status

01/11/2013

Generally, members of the military released from active duty service are entitled to return to their former jobs. But what happens if bad economic times force a layoff before the employee returns to work? Is he exempt from the cuts?

Use discipline record to select employees for RIF

01/01/2013

Absent a union contract or other established rule, you don’t have to use seniority to decide which employee should be laid off. You can use any objective measure.

Whether layoff affects one or 100, use solid business reasons to justify job cuts

12/12/2012

Sometimes, all it takes to cure a budget shortfall is to cut one position. As a business move, doing so is just as valid as conducting a much larger layoff. As long as you can show the change was based on business needs, you won’t lose a discrimination case.

Handbooks: 5 simple steps for preserving at-will status

12/07/2012

The easiest way to make sure employees understand that they are employed on an at-will basis is to place disclaimers throughout your employee handbook. Five key elements will help those disclaimers stand up in court if an employee ever mounts a legal challenge to at-will employment.

Dallas silkscreener settles ADA complaint

12/03/2012

Dallas-based DuPriest and Sons Holding will pay $24,000 to settle EEOC charges that it violated the ADA when it laid off a longtime employee after he informed his supervisor he would need regular kidney dialysis.

Overstaffed? Take logical approach to job cuts

12/03/2012

It’s an awkward workplace problem: Despite short-staffing, the work is still getting done. It’s a sure sign a function might have too many employees. You can consider layoffs to cut costs and increase efficiency. But do it the smart way.

White House WARNing on fiscal cliff: Don’t jump

10/27/2012

The Obama administration has informed federal contractors—whose funding could be slashed if a lame duck Congress fails to act before the end of the year—that they don’t have to worry about one of them yet: issuing layoff notices required by the WARN Act.

Slow business forces RIF? Most staffing decisions won’t trigger bias liability

10/09/2012

If you need to conduct a reduction in force because of slow business, it’s perfectly legal to move employees around to better meet your new needs even as you lay off others. Few judges will second-guess those moves, even if the main impact is on one employee who happens to be a member of a protected class.

Document business realities, performance criteria that led to job-cutting decisions