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Layoffs

Settling strike by paying for missed work may cut unemployment tab

09/01/2007

When it’s time to settle a strike, and that settlement includes paying for some of the time employees missed either because they were on the picket line or you laid them off, be aware of the language you use to describe the payment …

Georgia law requires issuing DOL-800 forms for all separations

09/01/2007

Q. It has always been our practice to issue separation notices only when we involuntarily discharge or lay off an employee, but our new plant manager believes we have to issue them even when an employee resigns voluntarily. What’s the rule? …

Whistle-Blowers held to letter of the law

08/01/2007

The Ohio whistle-blower law protects employees who report wrongdoing from retaliation. But that doesn’t mean employees can add a whistle-blowing claim every time they sue after being discharged …

Threat to blow whistle on banking practices not protected

08/01/2007

An employee does not gain whistle-blower protection merely by threatening that he will go to the authorities …

Retain information on all recent reductions in force

08/01/2007

If your organization has gone through a series of downsizings over the last few years, be sure to keep complete and accurate records …

The WARN Act: When must you notify employees of layoffs?

07/01/2007

The federal Worker Adjustment and Retraining Notification (WARN) Act requires certain employers to give their employees at least 60 days notice before a plant closing or mass layoff …

Arbitration covers claims for unpaid bonus and severance

07/01/2007

The California Court of Appeal recently ruled that binding arbitration mandated by an arbitration agreement could determine a former employee’s wage claims for an unpaid profit-sharing bonus and severance pay …

Attorney’s letter? Proceed with plans, but back up decision

06/01/2007

Employees who realize their jobs are in peril sometimes think pulling out the “lawsuit card” will save them. They’ll meet with an attorney, who will try to head you off with a threatened lawsuit. It sometimes succeeds because it casts the potential discharge in a sinister new light—as retaliation for threatening to sue. Here’s how to counter it and still carry through with your planned action …

Recalled employee may be eligible for FMLA leave

06/01/2007

When employees are temporarily laid off with the right to return during a recall, all the regular rules for FMLA time off apply on the day of the recall. That’s because a break in service doesn’t destroy the employee’s eligibility …

Classic case of age discrimination costs Lucent $195,000

06/01/2007

A 55-year-old estimator who was laid off after 34 years with Lucent Technologies, based in Murray Hill, won a significant settlement in a textbook age-discrimination case …