Can I use several criteria for whom to lay off? — Business Management Daily: Free Reports on Human Resources, Employment Law, Office Management, Office Communication, Office Technology and Small Business Tax Business Management Daily
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Can I use several criteria for whom to lay off?

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Q. I need to lay off some staff. I was going to select some based on the fact that they were the most recently hired. I was also going to select others who were hired earlier, retaining some who were hired in between the two groups. Is that permitted?

A. You can decide who to lay off based on any legitimate criteria you want. However, if you pick and choose different criteria in the same layoff, affected employees may claim it was unfair and contend you were motivated by some improper consideration.

For example, if one of the people picked is in a protected class, he or she may claim that was the reason. Therefore, make sure you document the legitimate basis, and—in order to decrease the risk of a claim—try to be consistent.

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