Reduction In Force

4 Pages 1098 Words

Reduction in Force Paper
The purpose of this paper is to inform the officers of this company of the hazards they may encounter in laying off employees. This document will look at a few of the acts that have been passed and how they should be used in conjunction with the new business plan. It is important when planning a reduction in force to review the demographics of the workers being retained and the workers being terminated. I recommend that you check the protected class status of those employees staying and those employees going to see if employees of protected class status are being treated comparably to other employees. If people are being chosen for a reduction in force based on some set of performance criteria, it is important to review who determined the criteria, whether the criteria have some possible discriminatory bias, and who is applying the criteria. Taking all of these steps early helps reduce trouble later on.
Were Waivers used?
The benefit of waivers is of course that it reduces the threat of future litigation. It is important to note, however, that a waiver must be in accord with the law to be enforceable, and that future claims cannot be waived. The Equal Employment Opportunity Commission has also concluded that an employee cannot waive his or her right to file a charge or participate in an investigation by the EEOC, but that the employee who signed the waiver will not be able to recover money damages.
The Worker Adjustment and Retraining Notification Act (WARN)
The Worker Adjustment and Retraining Notification Act generally requires covered employers who anticipate a plant closing or mass layoff to give affected employees (or their bargaining representatives) and local government officials advance notice of such action. Many states and municipalities have adopted similar laws governing plant closings and mass layoffs. Generally, employers must provide at least 60 calendar days of notice prior to any covered ...