Layoffs

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.

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.

RIF didn’t achieve business goals? OK to repost jobs that were previously cut

10/04/2019

If you can clearly explain why you decided to reopen positions that were eliminated earlier, courts are unlikely to conclude you intended to discriminate against those who were not retained during the earlier RIF.

Note exact date you informed employees they would be losing their jobs

08/01/2019

Former employees generally have just 300 days to file an EEOC discrimination complaint, and the clock starts ticking on the last date discrimination occurred. But in the case of an announced termination, the crucial date is when the employee learned she was going to lose her job.

Never discourage laid-off employees from reapplying

07/02/2019

If you use economic reasons to justify laying off employees, be careful not to discourage them from applying for other jobs. That could be evidence you targeted them for termination for some unlawful reason.

Severance perks improve in hot labor market

05/14/2019

With the national unemployment rate dropping to 3.6% this month, the lowest since 1969, employers are using every trick possible to lure and keep the best employees. One increasingly popular move: expanding severance packages to separated employees.

Justify layoffs by citing economic conditions

03/26/2019

Document why you need to lay off employees, especially if it’s because of economic reasons. It’s hard for a laid-off worker to argue discrimination if it’s obvious that fiscal realities forced job cuts.

Need to lay off older employee? You can do so without violating age discrimination laws

03/06/2019

Eliminating an older worker’s job doesn’t necessarily mean you are committing age discrimination—as long as you don’t replace the worker with someone substantially younger.

No absolute requirement to notify laid-off workers that their jobs are open again

02/22/2019

Sometimes, workers who are laid off are told they’re eligible for rehire. But absent a specific promise to call if there’s a job opening, employees can’t wait months or years to complain about discrimination when they discover the job was open and someone else filled it.