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ERIPs are a win-win, the attorneys say, because: Employers benefit from reducing wages and other costs associated with senior workers, and avoid the negativity associated with a RIF Employees benefit because a portion of that cost savings is passed to retiring workers who can retire earlier than they otherwise might. Anderson, a member of Miller […]
Releases of claims under the Age Discrimination in Employment Act (ADEA) are typically part of ERIPs, but they have to be carefully drafted and managed say the attorneys. If they are not, employees probably can keep the money and still sue you. Anderson, a member of Miller & Martin PLLC in Nashville, Tennessee, and Maxwell, […]
by Boyd A. Byers The thirst for revenge is among the strongest of human emotions. In fact, the innate desire to “get even” has driven much of history. But acting on vindictive feelings can have dire consequences — particularly in the world of employment law. Mastering HR Report: Discrimination Courts receptive to retaliation Most employment […]
Companies that move from pensions to a cash balance plan can benefit by avoiding the risk of market volatility, but they should explain all aspects of the switch to employees and be careful not to violate the prohibition against age discrimination. When cash balance accounts replace retirement pensions, employees can be highly sensitive to the […]
Modern medicine continues to increase life spans in the United States. Just as an example, the death rate for heart disease has dropped 60 percent in the last 50 years. The death rate for stroke has dropped even more, by 70 percent. And deaths from cancer have decreased 10 percent just in the last 15 […]
By Robert P. Tinnin, Jr. Q As a result of the economic downturn, we must lay off approximately half of our workforce. In considering whom we should select, it occurs to me that we could save the most money by laying off higher-salaried, nonmanagement employees. However, our higher-salaried employees tend to have the most seniority […]
Law enforcement officers fall into a different category where age discrimination is concerned. Age actually is a reason to deny hiring a police officer. Facts In 1989, Philip Geenen started working for the U.S. Department of Agriculture (USDA) in a law enforcement position in South Dakota. He was 43 at the time. In 2005, at […]
The Equal Employment Opportunity Commission (EEOC) recently heard testimony on the particular effects the economic downturn has had on older workers, addressing the unfortunate possibility that the recession may be serving as a catalyst for some employers to engage in age discrimination. Recession Hits Older Workers During a mid-November EEOC meeting, several experts reported on […]
When the economy declines, it’s a safe bet that the number of discrimination claims filed against employers will increase. And as we are currently in the worst economic climate since the Great Depression, employment law attorneys weren’t surprised when the Equal Employment Opportunity Commission (EEOC) reported this week that it received an unprecedented number of […]
The Tenth U.S. Circuit Court of Appeals recently overturned a trial court’s dismissal of a case without trial. The case was filed by a female manager in Colorado who claimed she was discriminated against after being forced to choose between moving to California as a part-time customer service representative or “voluntarily” resigning. HR Guide to […]