Layoffs

Don’t sweat the small stuff: It’s no basis for lawsuits

11/05/2010

Employees seem to think they are entitled to a perfect workplace, free from any conflict or unpleasantness. But that isn’t true. Heck, it’s not even possible! Courts rarely indulge such claims. They’d rather sort out real discrimination and harassment cases, not waste time on hypersensitive employees.

If reorg cuts jobs, check for inadvertent bias

11/01/2010

Is your organization planning big changes that could result in layoffs? You may have no choice. But a poorly planned and implemented layoff can cost more than it saves if it invites lawsuits. That’s why it’s important to check for potential race bias or other discrimination before making final decisions.

Layoffs looming? OK to consider training participation when deciding who goes

10/15/2010

Like other employers, your organization probably is trying to use employees as efficiently as possible. That may include eliminating some jobs and training employees to pick up additional tasks. You may want to consider creating a cross-training program before deciding which employees to terminate. Those who show a willingness to learn new skills and the ability to perform them well are probably the “keepers” on your staff. Just make sure you offer everyone the same opportunity to learn.

Pinellas uniform company to try on age-bias suit

10/13/2010

Fifteen former employees of a Pinellas uniform company have filed suit against the company, claiming its latest rounds of job cuts violated the Age Discrimination in Employment Act. In a combination of outsourcing and downsizing, Superior Uniform shipped some jobs to El Salvador and eliminated positions at its plant in Seminole.

Good-faith treatment for all is good policy, and good protection against lawsuits, too

10/12/2010

Employees who claim they have been discriminated against typically have to show that their employers singled them out for poor treatment because of a protected characteristic. It’s easy for employers to counter that if they can show they always act in good faith. The best way to do that is to apply the rules equally to every employee.

DOL awards $5.3 million to Texas aerospace workers

10/04/2010

The U.S. Department of Labor’s Employment and Training Administration will provide more than $5.3 million to the Texas Workforce Commission to assist recently laid-off aerospace workers. The federal grant is aimed at helping 600 workers who lost their jobs when NASA began retiring the Space Shuttle program.

COBRA subsidies expiring: DOL offers guidance

09/28/2010

The federal government has answers for terminated workers who are concerned that their COBRA continuation health insurance coverage may soon get more expensive or expire all together. As federal subsidies for COBRA coverage start running out, be ready with information when your former employees call.

Riffed Latrobe staff wants EEOC inquiry: Was bias involved?

08/27/2010

Like many municipalities, the city of Latrobe is struggling with falling revenue. City Manager Rick Stadler attempted to address the city’s shortfall by eliminating six clerical positions, while the Office of City Administration cut two staffers. Now all eight employees have requested an EEOC probe into the terminations to determine if they violated anti-discrimination laws.

When the riffed ‘group’ is just one worker, expect a lawsuit

08/25/2010

When the borough of Netcong implemented a reduction in force, 28-year employee Delores Colabella was the only employee whose position was eliminated. Colabella suspected her termination might have something to do with her age. She’s 72. Now she is suing the borough for age discrimination.

Cutting jobs? Prepare to show a solid business reason

08/17/2010

When a 64-year-old worker sued for age bias, his employer pulled out documentation showing a big budget gap that required the elimination of several positions. The court said that when a legitimate RIF occurs, an employee has to provide “direct, circumstantial or statistical evidence” showing age bias. He couldn’t.