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Layoffs

Davis Vision loses NY contract; unions concerned about job cuts

01/01/2007

After 23 years, New York-based Davis Vision has lost its contract to provide vision benefits to state employees …

In layoffs, keep FMLA leave out of performance rankings

01/01/2007

Employees are not immune from layoffs simply because they’ve taken FMLA leave in the past (or are currently out on FMLA leave). But when analyzing performance to determine which employees to lay off, keep FMLA leave days out of the decision …

Release only essential information about a RIF

12/01/2006

When conducting a reduction in force (RIF), it’s vital to handle severance offers carefully. Make sure you don’t needlessly give discharged employees the idea that they can file an age-discrimination lawsuit …

Beware linking RIF with retirement incentives

12/01/2006

It’s not uncommon during economic downturns for organizations to conduct a RIF and—if the expected savings don’t materialize—to follow up with a retirement-incentive plan. But be aware of one pitfall …

Beware giving contradictory reasons for a layoff

11/01/2006

When explaining to employees the reasons for a layoff, make sure you don’t contradict yourself. That’s especially true when the same manager gives an employee different reasons: A jury can take those contradictions and infer discrimination …

Layoff choices: Focus on performance, not just salary level

11/01/2006

Nothing triggers age discrimination lawsuits like a layoff. After all, saving money is a primary consideration in most decisions to downsize. And because long-term employees are often paid more than newer employees, organizations that focus on money often end up with layoff lists heavy with post-40-year-olds. That’s a recipe for an Age Discrimination in Employment Act lawsuit …

RIF justifications need only be ‘Reasonable’ to stand up

11/01/2006

If your organization plans a reduction in force, you can rest assured that you don’t have to prove that your method for selecting employees is the absolute best way to achieve your business goals …

Apply personal touch to firings; don’t use e-mail

10/01/2006

Everything is done by e-mail these days, but the American worker still isn’t ready yet to be fired that way …

Isolated racist comments won’t always be discrimination

09/01/2006

You know the workplace should be free of racially or sexually charged comments and that supervisors most certainly shouldn’t engage in such banter. But you can’t wipe prejudice out of every employee’s mind …

Firing ‘Worst of the best’ isn’t age discrimination

09/01/2006

If economic conditions force you to downsize, be prepared for lawsuits. That’s especially true if no employees stand out as obvious poor performers who should be canned. In such cases, articulate that you have no choice but to fire "the worst of the best" …