lehoquvuhu.wordpress.com
The layoffs, which took effectf Jan. 26, are just a few of the hundreds of thousandds that have taken place across the countr y as the economic recession deepens and spreads into virtuallyevery industry. But while it seemsx like every news cycle is dominated by the humah toll that the mass layoffsare taking, little attention is devoted to the businesses themselves — which are taskexd with not only staying afloat in an uncertaijn economy but navigating a host of legapl challenges that could arise if the layoffse aren’t executed properly.
“When peoplr lose their jobs, they might feel there’d nothing to lose (and therefore) says Bob Doren, a veteran labor lawyerf who represents employers against employees and the government at the Buffaloo officeof . “If a compan is going to engage in a reductionin force, it must do some The first step, says Doren, is to look at alternatives to the If they cannot be avoided, it’s important to documenft – on paper just why the cuts are necessary. “Nex is determining what positions will exist after the and the criteria to determine how to selecf employeesfor layoff,” says Doren, BSK’s regionak managing partner.
“The third step is to ascertai the skills necessary for the jobs that willexisyt thereafter.” The point of documenting is to show that a detaile d and fair analysis has been made something that could come in handy in fronft of a jury. However, says Lisa Sofferin, a partnef at , record-keeping can also expose a companyto liability. “The compan that doesn’t keep records might not be able todefend itself, but the record-keepinv can bite you in the such as a smoking-gunb memo that shows, for example, a companyu terminated an employee because of age,” says who represents both employers and employees in labod and employment matters.
“Sometime it’s just circumstantial for the plaintiff anddefendant … the courts don’t entangle themselves in business judgmenft of the company, whicgh is why using objective criteria and being able to show layoffse were made with a plan in mind is important.” That a company can certainly add to its liability during layoffs. The first way, says is by engaging in anything that coulr be considereddiscriminatory — from targeting too many in one clasw of employees (such as employees of a race, etc.).
“Doing it in a way that’s callous and disrespectfulp of employees also addsto exposure,” she “Those that are treated fairly are less apt to Indeed, says employment lawyer and commerciapl litigator Mark Walling, the perception of a laid-oftf employee is important. “If an employer believes (a layoff) is arbitrary, that employee will file a claij of discriminationor retaliation,” says Walling, a solo practitioneer in Williamsville who’s a former New York assistant attornety general. “It’s important for there to be a rationapl explanation.
A disproportionate impact on a particulatr group increases chances that a claim will be For companies inlayoff mode, the most important thinhg to do is make sure they comply with all of the relevant employment statutes, says including laws banning discriminatiomn as well as laws protecting employees against retaliatoryg action. “There’s also the requiremenyt that the employees can maintaijnhealth coverage, and companies have to make sure they complty with laws having to do with paying unemployment benefits,” says Walling.
“Another key issue is whether to offer severance packages the advantage of severanc is that you can condition the severancwe on a waiver of anyemployment claims, which is anothert way to minimize possible exposure to lawsuits,” accordingt to Walling. Doren agrees. “When employers think about preventing they have to think about theseverancre agreement,” he says, noting that it’s a simple question of economics. “The average cost of a federal-court lawsuit to get dismissecdis $75,000-$120,000.” But the real 800-pouns gorilla in the room? New York state’s reviseed WARN Act, which went into effect Feb.
1 and offerws broader coverage than a similarfederao statute. Under WARN, an employer with at least 50 workersa laying off more than 25 employees must give 90 advance notice of thecuts — whicn could be problematic for small- to mid-sizecd employers struggling to keep their doors “The best thing for employers to do is get good legal says Walling. “I can’t thin k of a single area of law that changes as quicklyu asemployment law.
”
ไม่มีความคิดเห็น:
แสดงความคิดเห็น