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Layoffs

Equal Pay for Older Workers

03/09/2008

HR Law 101: When designing compensation plans, employers should take into consideration whether the pay schedules have a negative impact on older workers. Several pay discrimination cases have reached the Supreme Court in recent years …

Strickland seeks to downsize by offering early retirement

03/01/2008

Gov. Ted Strickland has directed state agencies to draft proposals for offering early retirement incentives to trim their staffs and save money. Spokesman Keith Dailey said Strickland is concerned about the possibility of a recession and its potential impact on the state budget …

Financial reasons behind layoff? Make certain you can prove it

03/01/2008

When economic downturns lead to layoffs, companies can expect former employees to be bitter—and maybe even angry enough to look for reasons to sue. Before you announce layoffs, document the internal business evaluations that led to the terminations. That way, you will be ready if a lawsuit seemingly comes out of nowhere …

When transition looms, note employee interest in staying on

03/01/2008

In uncertain economic times, employers sometimes have to cut staff and redraw org charts to stay competitive. Employees often know far in advance that change is coming—and that they may lose their jobs. And some already may be looking for ways to “get back” at their companies via lawsuits …

Minnesota Unemployment Insurance Law

02/01/2008
Minnesota’s unemployment compensation fund, like that of many other states, provides temporary payments to employees who lose their jobs through no fault of their own. The state administers the law through the Minnesota Department of Employment and Economic Development (DEED) …

Steelworkers sue over WARN Act violations

01/01/2008

The United Steelworkers union filed a complaint against Meridian Automotive Systems Inc., claiming the company violated the federal Worker Adjustment and Retraining Notification Act when it permanently laid off workers at its Jackson, OH, plant in August of 2007 …

WARN notice: What if employees aren’t all terminated at the same time?

01/01/2008

Q. I’ve read that 50 or more employees must be affected by a plant closing in order to trigger a Worker Adjustment and Retraining Notification (WARN) Act notice requirement. We will be closing a plant, but it will take several months before all employees will be laid off. When are we required to give the notice? …

Warn managers: Don’t promise a rehire call

01/01/2008

Tell supervisors to avoid the encouraging words, “If we have an opening, we’ll give you a call.” They’re well-intentioned but legally dangerous. Tell departing employees you’ll consider them for any openings they’re qualified for if they apply. Then explain how you post job openings and leave the ball in their court …

Use rational business reasons to justify RIF choice

12/01/2007

When employees lose their jobs, they naturally wonder why they were chosen. Employees who recently have complained about discrimination—real or imagined—often do more than wonder. They often jump to the conclusion that they have been fired in retaliation for complaining. That conclusion can lead to a lawsuit. Be prepared with solid and rational reasons why you chose the employee who got the ax …

Document experience to justify who stays after RIF

12/01/2007

In uncertain economic times, employers place a premium on flexibility. That includes being able to retain the most talented, productive and experienced employees, and perhaps terminating those with more seniority. But that can lead to discrimination claims over age and other characteristics …