Tag: RIF

Ask the Expert: Will Laying Off Enlisted Employee Violate USERRA?

We have just determined that we will be having a reduction in force. One of our employees, who was scheduled to be affected by the reduction, just notified us yesterday that he needed the day off to get a health exam as part of his enlistment process for military service. Since his selection for termination […]

Q&A on Electronic Employee Records

In this digital age, employers are finding there are brand-new questions they face while trying to stay in legal compliance with employee recordkeeping requirements. For example, what constitutes a valid electronic signature? Does an answer in email count as legally-binding when it comes to confirming managerial decisions? How long do specific types of documents need […]

‘Hey, Boomers, We Want Your Jobs!’ (But Not Your Stress)

The problem is compounded, Harrington says, because although Gen Xers do want to move up to the Boomers’ jobs, they don’t want the stress that goes with the jobs. They also want work/life balance, and that creates a conflict. Harrington, founder and president of Purposeful Hire Inc., offered her tips at BLR’s Strategic HR Summit, […]

Business Necessity No, RFOA Yes (Age Discrimination)

EEOC released its Final Rule on Disparate Impact and “Reasonable Factors Other Than Age” Under the Age Discrimination in Employment Act of 1967 in March and it became effective April 30. EEOC also published an informative Q&A on which this article is based. ADEA and Disparate Impact ADEA prohibits two types of discrimination against workers […]

Early Retirement Plans: Win-Win IF You Follow Rules

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 […]

Casual appraisals: Key Evidence Against You in Court

Employment law attorneys aren’t allowed to say “document,” West says; they are always required to say “document, document, document.” There’s a good reason for using the famous three words, she adds, because documentation is that important: It gives you credibility It’s how you show the world that you did what you say you did It […]

Boeing May Have Discriminated in RIF Process, Ninth Circuit Rules

According to the federal Equal Employment Opportunity Commission (EEOC), managers at the Washington-state based Boeing Corporation discriminated against female employees when they administered the company’s Reduction in Force (RIF) evaluations, used to determine which employees would be laid off. One Boeing employee, Antonia Castron, asked to be transferred away from a manager who often stated […]

Proceed with Caution When Rehiring Laid-Off Employees

by Kara Shea One hopeful sign that our economy is perhaps inching back in the right direction is the number of calls I’ve received in recent weeks from clients inquiring about hiring back employees let go during a reduction in force (RIF). Some employers have told me they’re contemplating bringing back certain positions, or even […]

Consider the Big Picture Before Terminating Pregnant Employees

An employee takes pregnancy-related medical leave. While she’s out, you discover that she falsified certain time sheets and billing records. On the day she’s set to return from leave, you instead tell her that she’s being terminated. The employee sues for pregnancy discrimination. Should you be worried? You should think long and hard before terminating […]