Layoffs

Never mention workers’ ages when discussing reduction in force

08/21/2017

What not to do when closing down offices in which workers are older than the company average: Mention that eventually you may be able to hire younger replacements at lower cost. That’s just asking for a lawsuit.

Was that really a layoff, or just an excuse to get rid of a squeaky wheel?

08/09/2017

The 8th Circuit Court of Appeals had reinstated a lawsuit against a grain operator based on the suspicious timing of a discharge and the use of what the court thought sounded like a manufactured excuse for not rehiring the worker.

Budget crisis is valid reason for termination

08/03/2017

Courts don’t want to be in charge of running your business. Generally, if you can put forth a genuine, legal rationale reason for an action—such as terminating an employee for budgetary reasons—courts aren’t going to step in.

Laying people off? Better have answers for them

07/27/2017

HR executive and trainer Paul Falcone has offered solid sample answers to the questions you never thought you’d have to hear.

Beware altering job description during RIF

05/03/2017

If you are engaged in a reduction in force and rewrite a job description so an older employee is eliminated because she lacks a requirement in the new description, she could sue you and easily win in court.

Sudden business reversal means WARN Act notification requirements don’t apply

03/07/2017

The Worker Adjustment and Retraining Notification (WARN) Act requires employers to notify employees 60 days before closing down or conducting a mass layoff of 50 or more workers. However, there are exceptions.

One worksite or more? It matters for WARN

03/07/2017

The more centralized the management and direction and the more equipment and staff are shared between locations, the more likely a court will consider the separate locations to be part of the same operation.

3rd Circuit on RIFs: ADEA lets subgroups of older workers bring class-actions

02/01/2017

The 3rd Circuit Court of Appeals has approved sub-dividing groups of older workers so some may bring age discrimination claims even if the layoffs overall did not generally discriminate against older workers.

All about California’s WARN Act

11/28/2016

What are our notice requirements? … What must WARN notices say? … What if we don’t give notice?

Downsizing in New York? Know when you need to WARN your employees

11/11/2016

If your business is planning or considering downsizing at these levels, then a review of the WARN Act needs to be undertaken early in the process.