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As more and more companies struggle in this tough economy, many are forced to implement reductions in force (RIFs) and layoffs. Often, RIF decisions lead to litigation if not properly planned. In a recent case, the Sixth U.S. Circuit Court of Appeals held that an employer didn’t discriminate against employees based on gender even though […]
When a company downsizes, it can feel like a civil war, with employees worried about whether they will be next on the chopping block. Such times can be hazardous for employers, which may find themselves tiptoeing through a minefield of explosive discrimination lawsuits. In the case below, recently decided by the Tenth U.S. Circuit Court […]
by Gary Fealk Downsizing can be an effective strategy for building a more efficient organization going forward. But it can also lead to legal liability and may not accomplish the desired cost savings unless an employer implements a carefully considered plan. HR Guide to Employment Law: A practical compliance reference manual covering 14 topics, including […]
by John Vering On Oct. 3, the U.S. Bureau of Labor Statistics’ reported that over the past 12 months, the number of unemployed has increased by 2.2 million and the unemployment rate has risen by 1.4 percentage points. Total nonfarm payroll employment decreased by 159,000 in September and thus far in 2008, payroll employment has […]
by Kara Shea In a previous article, I discussed the risks of some of the methods employers use to forestall layoffs (such as adjusting hours and compensation). This week, I’m going to assume the worst has happened and talk you through a layoff scenario, with the goal of reducing the risk of wrongful discharge claims […]
An employee who takes family and medical leave is generally entitled to return to the same job or an equivalent one at the end of the leave. But if you downsize while the employee is on leave, is this person’s job protected? A new California Court of Appeal case looks at this question—and how your […]