Layoffs

Ignorance of law is no defense for layoff-notice violation

05/01/2004

If your organization is weighing a plant closing or employee layoff, determine early whether you’re required to give employees notice under the Worker Adjustment and Retraining Notification (WARN) Act. Courts won’t …

Most employers fail to follow layoff-notice rules

03/01/2004

Expect federal regulators to look closer for organizations failing to comply with the Worker Adjustment and Retraining Notification (WARN) Act. The law requires certain employers to give 60 days’ notice of …

When deciding layoffs, rely on several objective factors

02/01/2004

When making the tough call about who receives a layoff notice (and defending that decision in court), rely on more than one evaluation tool.
Why? Overly rosy performance evaluations are …

Brush up on WARN Act rules; fed report prompts more scrutiny

12/01/2003

Count on hearing more about the Worker Adjustment and Retraining Notification (WARN) Act in the coming months. Reason: Employers comply with the law (which requires 60-days’ notice of mass layoffs or …

Scrutinize true reasons for layoff; then banish all inconsistencies

11/01/2003

No one likes to choose among employees for company-mandated layoffs. But if you’re given this task, research and recommend choices with defensible reasons that you can back up. Don’t manufacture termination …

You can’t outsource your WARN Act notice obligations

10/01/2003

If your company outsources HR tasks, don’t expect the outside provider to share the rap for a Worker Adjustment Retraining and Notification (WARN) Act violation, the law that requires certain companies …

Promote the value of your benefits plan

08/01/2003

Studies show that employees who keep their jobs after a round of layoffs tend to view their benefits package less highly. Nip that attitude in the bud by distributing a personalized …

Give employees advance notice of severance plans, waivers

05/01/2003

Don’t spring severance-plan details on employees right before a layoff. The Employee Retirement Income Security Act (ERISA) says you must give employees advance notice …

Beware unintended bias against unmarried workers, applicants

03/01/2003

A new study gives your single employees and applicants new ideas for a lawsuit. The study by consultant Challenger, Gray and Christmas says unmarried people …

Shutdown caused by sudden loss of business won’t trigger WARN Act

02/01/2003

An automobile-parts manufacturer got a jolt when a major customer refused to pay for a shipment and ceased all future orders without warning. That forced the manufacturer …