Layoffs

Arbitrators can decide post-termination retaliation

02/02/2011

Good news if you use arbitration agreements: They apply to former employees who claim retaliation based on protected activity. The potential result: You’re less likely to wind up defending a lawsuit in federal court.

Is there a ‘cooling off’ period for layoffs?

01/26/2011

Q. Is there a law that says we must abide by a 45-day waiting period between the time employees are told they’ll be laid off until they receive the severance payment? My supervisor said it’s called a cooling-off period. Is this a federal law?

Sick employee riffed? Beware ERISA lawsuit

01/26/2011

Employees fired because they might drive up health care costs can probably sue under the Employee Retirement Income Security Act (ERISA), which governs many employee benefits.

What are some alternatives to RIFs?

01/14/2011

Q. Our company is looking for ways to cut labor costs in order to remain competitive. We are considering implementing a reduction in our labor force and wondering if there are other cost-saving options that are not as legally risky as laying off people.

When a company sells off a function, does it have to give plant-closing or layoff notice?

01/07/2011

Q. My company is selling a portion of the business that employs more than 100 workers. Do we have any special obligations to provide notice to these employees?

Pestering employees about retirement may backfire badly

12/09/2010

A federal district court recently addressed the issue of pretext in an age discrimination case. In Goodpaster v. Materials Handling Equipment (No. 09-0059, ND IN, 2010) the court held that management’s repeated and coercive inquiries about retirement to a 59-year-old employee may imply age discrimination.

When riffed employee sues for discrimination, back up your actions with documentation

12/09/2010

Sometimes, courts are suspicious of an employer’s claim that it conducted a reduction in force if it can’t support the claim with facts and figures. Supply the data and make the court comfortable with your company’s decision.

What’s this I hear about a ‘cooling-off’ period in layoffs involving severance pay?

11/24/2010

Q. Is there a law that requires a 45-day waiting period from the time employees are told they’ll be laid off until they receive the severance payment? My supervisor said it’s called a cooling-off period.

RIF might affect employees serving in military? Don’t hold missed training against them

11/11/2010

Watch out if you’re contemplating a layoff that could involve employees who have recently returned from active duty in the armed forces. If those employees missed any training, and you plan to use training as one of the criteria for deciding which employees to retain, you run the risk of violating USERRA.

Terminating employee? Don’t forget appropriate notifications

11/05/2010

Terminating employees is never easy. Not only do you have to think about the employee’s reaction and those of co-workers who may be worried about their own jobs, you also have to worry whether the employee will sue and how to minimize the risk. One area you have control over is making sure that every terminated employee receives legally mandated termination notices. Here’s a quick guide.