When it comes to reductions in force, employers must make sure that they develop a fair, reasonable and explainable selection process. Be prepared to show that the selection was based on sound business decisions and that the layoff wasn’t an excuse to terminate employees who might otherwise have a legal discrimination claim.
Employers also have to show that the layoff itself was legitimate. Fortunately, that’s the easy part, especially if you have solid economic reasons such as a downturn in business or simply find that you could reduce cost by organizing the workplace more efficiently.
Recent case: Isidora, a 63-year-old woman, worked for Morris National, a candy maker. It was a job she had held for 23 years. Isidora had mainly worked on a machine that made liqueur filled chocolates.
The company suffered financially in 2008 due to the recession, leading to the decision to reduce costs. A production planner calculated that t...(register to read more)