Back RIF decisions with sound fiscal reasons–and prepare to explain them in court — Business Management Daily: Free Reports on Human Resources, Employment Law, Office Management, Office Communication, Office Technology and Small Business Tax Business Management Daily

Back RIF decisions with sound fiscal reasons–and prepare to explain them in court

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in Firing,Human Resources

Courts understand that employers face economic pressure. For-profit companies have to make money, at least in the long term. And nonprofit employers have to balance their budgets so they can keep their doors open while paying employees and other expenses.

Sometimes, the best way to do either is to cut payroll. Courts understand and respect that, as long as you can explain the circumstances.

Consider, for example, a ­reduction-in-force that affects an employee who has filed previous EEOC discrimination claims or is currently involved in litigation over discrimination. Ordi­narily, terminating that employee may create the suspicion that he or she was targeted as punishment for complaining about alleged discrimination. But if the employer can present a coherent and rational explanation for why economics—not retaliation—drove the decision, chances are a court won’t second-guess it.

Recent case: Anthony, who is black, began worki...(register to read more)

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