Layoffs

Foreign-born worker sues? Know difference between national origin and immigration status

03/29/2012

While it is illegal to discriminate against an individual based on his or her national origin, that doesn’t mean that discrimination against someone based on her immigration status is forbidden. That’s because immigration status isn’t tied to a particular national origin.

When RIF costs protected employee’s job, take care how you reassign the work

03/09/2012

Here’s something to consider when planning a reduction in force: If you know the move will mean someone in a protected class will lose his job, think strategically in case he sues.

Reorg? Treat staffing decisions like hiring

03/05/2012

After companies merge, there are often too many employees for the remaining available positions. That’s especially true when the new entity also reorganizes operations. Some employees will wind up on the chopping block. Be careful how you choose termination candidates. The best approach is to treat the decision like a hiring or promotion.

Need to conduct a layoff? Use same criteria as for hiring

01/25/2012

Sometimes, layoffs are inevitable … and they’re always a legal minefield. Get it wrong and your attorneys’ fees can easily exceed the labor costs you hoped to save. Decide who should go in much the same way you decide who to hire. Look at the jobs that will survive and select the employees who best fit those jobs.

In RIF, use same criteria you use for hiring

01/06/2012

Sometimes, layoffs are inevitable, something that’s always hard—and often a legal minefield. Get it wrong and your attorneys’ fees can easily exceed the labor costs you hoped to save. Decide who should go in much the same way you decide who should fill a new position.

With small business closing, do I have any specific requirements for laying off workers?

01/05/2012

Q. I will soon either sell my business or close it down. Either way, I will most likely have to lay off all eight of my employees. What are the legal requirements in Pennsylvania in connection with these layoffs?

What HR pros must know about protecting trade secrets

12/30/2011

When any valued employee leaves, the company experiences a loss. The loss is greater, however, when the former employee departs to work for a competitor and begins using the company’s confidential information or trade secrets. HR has a key role to play in protecting a company’s proprietary information. Here’s how to do it.

Budget cuts forcing layoffs or reorganization? Take care to spell out justification

12/16/2011

If you must eliminate jobs, make sure you create a clear paper trail explaining why and how you made the decision to terminate a particular individual. That’s especially important if the employee had discrimination charges pending—or a history of filing them.

Beware impromptu evaluations to decide RIFs

12/01/2011

If you must cut staff, you naturally want to terminate the least productive workers and keep the most productive ones. You could make the decision on the basis of past performance evaluations. But what if there aren’t any?

Delete cryptic notes lurking in your HR files

11/28/2011

Before you toss that handwritten note into the employee’s file today, stop for a second and read it. Years from now, will you remember what that chicken-scratch meant? Many lawsuits have turned on one or two words scrawled by a manager or HR pro after employee meetings and conversations.