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Layoffs

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 …

Track customer complaints—you may need them later

06/01/2007

If subjective criteria like attitude, leadership and being a team player are part of your organization’s employee evaluations, you’d be wise to keep detailed records of customer complaints …

No need for extra severance when laying off litigious staff

05/01/2007

Employers that want to trim their work force often sweeten the exit with severance payments. In exchange, employees sign away rights to lawsuits they may otherwise have contemplated. But what about employees who already have pending employment discrimination lawsuits or EEOC or state agency complaints? …

Cut reinstatement risk by tracking laid-Off jobs

05/01/2007

Discharged employees who sue may ask the court to order their reinstatement if they can prove discrimination …

Employees to pay $2.26 million as workers’ comp suit backfires

05/01/2007

In a highly unusual decision, a U.S. District judge issued a default judgment against 84 former factory workers who filed workers’ compensation claims against their employer, Bath Unlimited, owned by Michigan-based Masco …

Beyond business need, show why individuals got sacked

05/01/2007

Reductions in force (RIFs) happen for a reason—usually financial. To keep legal fees and jury awards from mooting savings, be sure to document why a RIF is necessary and who should get pink slips …

When planning a layoff, use a checklist to avoid needless age bias litigation

05/01/2007

If an upcoming reduction in force (RIF) will affect older workers, create a paper trail to demonstrate compliance with the Older Workers Benefit Protection Act …

Terminations: 5 Tips for Avoiding Lawsuits

04/21/2007
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Separation agreement protects employer from age bias claim

04/01/2007

A 55-year-old employee whose job was eliminated in a company restructuring recently lost his age-discrimination case before the 6th Circuit Court. Reason: He had signed a separation agreement waiving all claims against the company …