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Layoffs

Hospital didn’t discriminate during downsizing, court rules

04/01/2007

In reversing a lower court’s decision, the New York Supreme Court recently agreed to dismiss a race- and age-discrimination lawsuit filed against New York Westchester Square Medical Center (NYWSMC) …

In RIFs, Show That Economics (Not Age) Drove Your Decision

04/01/2007

Age discrimination cases are on the rise, with more employees suing under the federal Age Discrimination in Employment Act and the Texas Commission on Human Rights Act …

Employment Laws: Compliance Thresholds

03/15/2007
White Paper published by The HR Specialist, copyright 2007 ______________________ Federal employment laws can be terribly confusing, particularly because they often have different definitions for the size of a business that is exempt from the law. Use the following list to make sure you’re not spending time and money complying with laws that only apply […]

Exit Interviews

03/08/2007

HR Law 101: Nowadays, most organizations conduct exit interviews with departing employees to determine why they’ve resigned. Exit interviews can be a great HR tool, but you have to know what questions to ask and, at the same time, what questions to avoid for legal reasons.

Cutting jobs? You may be able to consider FMLA leave

03/01/2007

You’ve heard it over and over again: Don’t take FMLA leave into consideration when making employment decisions. But you don’t have to take that caveat to extremes …

Seniority is a valid reason to retain one race over another

03/01/2007

When you need to downsize your organization, you may worry if a disproportionate number of the employees that are terminated are members of a protected class. But, as a new ruling shows, you can justify your decision by having clear documentation that shows you had a seniority rule in place and followed it …

Before reorganization, draw up a staff contingency plan

03/01/2007

Are you planning to use an early-retirement incentive to help reduce the size of your work force? If so, it’s wise to prepare contingency plans for the remaining open positions and carefully document them …

FMLA: When You Can Refuse to Reinstate a Worker

02/12/2007

HR Law 101: The FMLA allows employers to refuse to reinstate workers returning from FMLA leave under limited circumstances. For example, if you have experienced a reduction in force due to the economy or a companywide reorganization, you may be able to eliminate a returning worker’s job …

Setting layoff criteria? You can ignore past performance

02/01/2007

When planning a layoff or restructuring, you can set criteria for who gets the ax by focusing on employees’ potential future contributions and ignoring their past performance …

California WARN Act

01/15/2007

During a downsizing, employers have a legal obligation to inform their workers and the government of such action under certain circumstances. California employers must follow two sets of rules: the federal Worker Adjustment and Retraining Notification (WARN) Act and the state’s own tougher standard …