Reorganizing? Prepare to give reason for each termination — Business Management Daily: Free Reports on Human Resources, Employment Law, Office Management, Office Communication, Office Technology and Small Business Tax Business Management Daily

Reorganizing? Prepare to give reason for each termination

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If you have to terminate employees during a reorganization, you can expect some of them to sue you. If that happens, don’t assume the court will blithely accept a general reorg as the reason why a particular employee lost her job. Be ready with a specific explanation why you terminated each one.

Recent case: Phyllis Nuchman worked as a teacher and was disabled by back problems and arthritis, among other medical complications. When the school district began a large reorganization, she was told she would lose her existing job.

She sued, alleging she had been targeted because she was disabled.

The school district argued to the court that it was engaged in a legitimate reorganization. But the court said that wasn’t enough—it also had to show why it had picked Nuchman over other, nondisabled teachers. (Nuchman v. City of New York, No. 05-CV-4561, ED NY, 2009)

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