Tag: Older Workers Benefit Protection Act

When an Employee Wants to Resign but Continue Working

by Susan Hartmus Hiser Q: We have an employee who has been having performance problems. He has offered to resign in lieu of being placed on a performance improvement plan, but he wants to continue working for another couple of months because he feels he has a better chance of getting a new job if […]

EEOC Guidance on Waivers in Severance Agreements

by Susan W. Kline Recent economic conditions have caused a number of employers to reduce staff. In response to this trend, the Equal Employment Opportunity Commission (EEOC), the agency that enforces Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act (ADEA), and the Americans with Disabilities Act (ADA), has […]

Avoiding Legal Pitfalls During RIFs and When Reducing Workers’ Hours

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 […]

Reducing the Risk of Wrongful Discharge Claims During Layoffs

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 […]

Lordy, Lordy, the Age Discrimination in Employment Act Turns 40

by Boyd A. Byers Forty is a mystical number in many cultures. In ancient Babylonia, the number was known as kissatuin, meaning “the excellent quantity.” The great flood described in the Bible resulted from 40 days and 40 nights of rain. Forty is the only number, when spelled out in English, whose letters are in […]