Layoffs

What are the legal risks of layoffs?

08/26/2016

Q. In recent months, a sharp decline in revenue has forced us to consider downsizing. What are the legal risks associated with a layoff, and how can we minimize them?

Beware fiscal trouble as justification for RIF

08/22/2016

Clearly document any economic reasons for discharging older employees. Be especially careful if you are keeping younger workers who may earn more than the older employees.

Artful wording doesn’t alter WARN Act intent

08/15/2016

The 8th Circuit Court of Appeals has upheld a Worker Adjustment and Retraining Notification (WARN) Act decision based on a worker-friendly interpretation of the terms “sale of assets” and “going concern.” The decision makes it easier for workers to challenge lack of a WARN notice when their employer claims to have sold company assets to another firm.

More confusion as NYC amends displaced workers act

08/11/2016

New York City Mayor Bill DeBlasio has signed an amended version of the city’s Displaced Building Service Workers Protection Act into law, a move that may not mollify critics of the original law.

No WARN notice needed for separate oil rigs

07/06/2016

Are separate oil rigs counted under one company bannner?

When RIF affects someone who complained, prepare to show your process was fair

06/28/2016

If you ever have to consider cutting staff via a reduction in force, be sure to consider who among your employees might feel aggrieved enough to cause big legal trouble.

Keep an eye out for bosses who manipulate layoff list

06/23/2016

Before you approve a reduction in force, make sure supervisors don’t use the layoffs as a way to get rid of employees they don’t like.

Beware basing layoff on inconsistent ratings

05/31/2016

Here’s a reminder that it’s not always foolproof to base a reduction-in-force on rankings of employee performance.

Designing a Progressive Discipline Policy

03/07/2016

White Paper published by The HR Specialist ______________________ The most reliable way to protect your organization from wrongful termination charges is to establish and enforce a system of progressive discipline. Having such a structure in place, and making it clear to all supervisors that they are expected to abide by it, is your best defense […]

School boards have wide latitude to terminate teachers for financial reasons

07/29/2015

A Texas appellate court has upheld the discharge of a teacher for financial reasons. The case shows school districts have great discretion to determine which employees to cut and don’t have to be bogged down in a detailed examination.