It’s an awkward workplace problem: Despite short-staffing, the work is still getting done. It’s a sure sign a function might have too many employees.
If an employee goes out on leave with no drop-off in organizational performance, you can consider layoffs to cut costs and increase efficiency.
But do it the smart way. Don’t automatically terminate the employee on leave. If you do, you could be risking anor ADA lawsuit.
Instead, assess which position should be eliminated based on workflow, pay and performance. Then use that rationale to justify terminating the person whose dismissal would least harm efficiency and most improve the budget.
Recent case: Eula, a black 55-year-old woman, worked for years as an administrative assistant. She was paid almost twice as much as other admins in her division. However, she often arrived late and frequently worked unapproved overtime. She also had a history of arguing with supervisors and co-workers.
After Eula completed a probationary period for tardiness, her division had to contend with getting its work done despite another employee’s FMLA-protected. Supervisors saw that the work was going smoothly without the employee and concluded that when she returned, the division would be overstaffed.
They then ranked all the division’s administrative employees by performance and pay. Eula was picked for termination because she was ranked as the poorest-performing worker despite being the highest paid.
She sued, alleging that the reduction in force was just a pretext for race and age discrimination.
The court disagreed. It said it was clear that no one replaced her. Plus, the employer had the right to reduce its workforce when it discovered it was overstaffed during the other employee’s leave. It wasn’t required to keep more people working than necessary. (Mack v. Wortham, No. H-1-4881, SD TX, 2012)
Like what you've read? ...Republish it and share great business tips!
Attention: Readers, Publishers, Editors, Bloggers, Media, Webmasters and more...
We believe great content should be read and passed around. After all, knowledge IS power. And good business can become great with the right information at their fingertips. If you'd like to share any of the insightful articles on BusinessManagementDaily.com, you may republish or syndicate it without charge.
The only thing we ask is that you keep the article exactly as it was written and formatted. You also need to include an attribution statement and link to the article.
" This information is proudly provided by Business Management Daily.com: http://www.businessmanagementdaily.com/33953/overstaffed-take-logical-approach-to-job-cuts "
- What factors should I consider before firing a new employee for excessive absences?
- Will I get into trouble for withholding final paychecks from soon-to-be-former employees?
- Wrongful termination scores $329,000 for Sonoma State coach
- Employee in drug treatment? Consider DATWA before firing
- Temporary condition might be disability if severe enough