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Layoffs

Downsized Work Force, Supersized Liability: The Legal Risks of Layoffs

04/29/2008
Whether we’re in slowdown or a full-blown recession, many employers may be contemplating job cuts to cope with tough economic times. But employers that downsize the wrong way may end up spending more on litigation than they save on labor costs. To avoid a costly court fight, know your WARN Act compliance responsibilities.

Worker notification in case of plant closing

04/23/2008
Q. The economy is slowing down and we may have to close one of our locations. Does North Carolina have any law beyond the federal Worker Adjustment and Retraining Notification (WARN) Act that requires notice of large layoffs or business closings? …

ATA Airlines runs on empty, finally stalls as fuel costs rise

04/22/2008
Budget carrier ATA Airlines, based in Indianapolis, laid off 2,230 employees when it filed for bankruptcy and ended operations in April. The company cited skyrocketing fuel costs, plus the loss of two critical deals as primary causes for the shutdown …

San Francisco supervisors say high-Priced employees face layoffs

04/18/2008
Faced with a large budget shortfall, San Francisco supervisors are proposing a way to deal with the $338 million deficit the city expects next year. Board of Supervisors President Aaron Peskin wants to draft legislation that eliminates some high-paying city positions …

Must we offer time off as an ADA accommodation?

04/17/2008

Q. We employ fewer than 50 employees. What’s our obligation under the FMLA or the ADA to bring back an employee who has missed lots of work? We want to lay her off. Can we?

Make common sense the driving force of your business

04/10/2008
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AAM strike wreaks financial havoc

04/10/2008
The ongoing strike that began in February by workers at five American Axle and Manufacturing Holdings (AAM) plants in Michigan and New York has led Standard & Poor’s Ratings Services (S&P) to review AAM’s credit rating …

All other things being equal, bad attitude may be justification for layoff

04/01/2008
Ordinarily, employers should be leery of considering subjective factors when making employment decisions. Objective measures such as surpassing sales quotas, meeting quantitative goals and finishing assigned projects are the best measures for gauging employees. But sometimes you have to make tough decisions …

If employee tacks on emotional distress claim, you can ask for medical records

04/01/2008
Employees and their attorneys often add additional claims to a main discrimination claim as a way to up the ante and push for bigger settlements or larger verdicts. One of those additional claims is often for “intentional infliction of emotional distress.” Before you agree to settle a case involving an emotional distress claim, push to discover whether the supposed damage is legitimate …

Track declining productivity to justify staffing, pay and promotion decisions

04/01/2008
Part-time employees are often the first to get pink slips in an economic downturn. But watch out if your part-timers are disproportionately parents who have child care responsibilities. Don’t be surprised if those employees respond to a layoff by contacting an attorney …