Layoffs

What are our obligations for notifying workers and government officials about a big layoff?

07/20/2010

Q. Due to the economy, we are considering shutting down our business. Are we required to give advanced notice to our employees?

In case of layoffs, must we offer severance and pay out accrued, unused vacation?

07/02/2010

Q. We are in the process of reducing our staff and will need to lay off several employees. Are we required to provide severance pay to those selected for layoff? How about pay for accrued, unused vacation time?

MHRA: Court clarifies what’s marital bias

06/09/2010

The Minnesota Human Rights Act (MHRA) makes it an unfair employment practice to terminate an employee based on marital status. The Court of Appeals of Minnesota has now clarified that the law covers more than the state of being married; it also bans discrimination based on who one’s spouse is.

Prepare business case to justify job cuts

06/09/2010

Courts understand reductions in force and recognize that companies sometimes have to make tough decisions. When an employer can show it had good reasons for cutting employees through a RIF, affected employees will have to come up with solid discrimination evidence early in the litigation game.

Beware shifting explanations for HR decisions

05/26/2010

When it comes to hiring and retention decisions, make sure that everyone involved in the process is on the same page. Decide on the criteria and stick with them for all candidates. Otherwise, shifting explanations about who is chosen and who is rejected can look like intentional efforts to manipulate the choice and hide underlying discrimination.

If worker on RIF list has sought reasonable accommodations, be prepared to justify

05/24/2010

Watch out! If you’re contemplating reducing your workforce in order to survive today’s harsh economic climate, you need to prepare for potential litigation. To do that, make sure you carefully document why you are making the reductions. That’s especially critical if you have been negotiating reasonable accommodations for a disabled employee who may be on your RIF list.

Can laid-off, injured worker collect workers’ comp benefits?

05/11/2010

Q. We had to lay off an injured worker for economic reasons. He has not attempted to work for a year since that layoff. Will he be entitled to temporary benefits under the Florida Workers’ Compensation Act?

Proposed Ohio law would be tougher than WARN

05/11/2010

A bill before the Ohio Legislature would require employers to provide more notice of mass layoffs than required by current state law or the federal Worker Adjustment and Retraining Notification (WARN) Act. The new proposal, H.R. 434, would require employers laying off 25 or more employees to give 90 days’ notice.

65% COBRA subsidy extended through May 31

04/20/2010

On April 15, President Obama signed into law amendments that extend eligibility for the 65% COBRA subsidy through May 31. The amendments buy time for Congress to consider additional legislation that could keep the subsidy alive until the end of the year.

Facing RIF, employees must show initiative

04/15/2010

Workers who lose their jobs in a reduction in force may look at those who were retained and conclude there had to be a discriminatory reason for their misfortune. But before they can successfully sue, employees must show some degree of initiative before they can claim discrimination. An employee who never applies for an open position or who doesn’t actively ask about available jobs isn’t going to win a lawsuit.