Terminations

Some WARN Act notification rules still apply

05/07/2020

Usually, the federal Worker Adjustment and Retraining Notification Act requires employers to provide 60 days’ advance notice before closing down a workplace. However, a clause in the WARN Act provides for exceptions.

As economic road turns rough, dodge these 4 RIF potholes

04/07/2020

With the coronavirus pandemic ravaging the economy, layoffs are in the news—and on the agendas of leaders and HR pros at employers big and small. Here are four critical and often overlooked reduction-in-force potholes that can make the route more treacherous than it needs to be.

Say goodbye on good terms when forced to downsize

03/24/2020

If you’re contemplating a layoff, you’ve no doubt given some thought to which employees you want to let go—and which ones you absolutely must retain. But know this: Every time an organization lays off even a few employees, voluntary turnover jumps in response—and the ones who choose to leave are most likely employees you intended to keep.

3 lawsuit-proof alternatives to layoffs

03/19/2020

With business slowing nationwide because of the coronavirus pandemic, many employers have already laid off staff, and many more fear they will have to do so soon. Before you commit to wholesale reductions-in-force, there are three alternatives worth considering.

Have manager who hired also do the firing

03/05/2020

Courts have long assumed that if the same manager hires an applicant and then fires that employee later, chances are he or she didn’t do so for discriminatory reasons. It simply doesn’t make sense—especially when the applicant’s protected status was obvious at the time she was hired.

States out front: Is mandatory severance next?

02/13/2020

New Jersey has enacted a law requiring severance pay for employees who lose their jobs in so-called mass layoffs. It’s the latest in a series of workers’ rights initiatives bubbling up from state legislatures instead of the federal government.

Worker leaving? Think before you make counteroffer

01/22/2020

Neither lashing out at the employee nor panicking over having to fill an empty slot will help. Instead, start with some hardnosed considerations.

Court refused to extend filing deadline

01/08/2020

Courts often give leeway to employees who try to represent themselves. However, except in unusual circumstances, that rarely extends to providing additional time to sue.

Note exact date and time of firing decision

12/10/2019

If the employee brings up some form of discrimination to establish that she engaged in “protected activity” and claims the discharge was retaliation for her complaint, you can show that’s not possible because you made the decision before she complained.

Snapshot: Emotions triggered by terminations

12/03/2019

According to a recent poll, 61% of people who had been fired believed their terminations were unjustified.