Layoff Scenarios

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If asked to lay off 15% of my employee population, my first task would be selecting those that will be laid off. Determining who will stay and who will go would result in examination of criteria such as seniority, performance, job classification, and job knowledge and skills (Society for Human Resource Management, 2016). Using seniority alone is not a simple process. Sonority may be the totality of time an employee has worked for an organization, or could be the time spent in a specific department performing a specific job (Fallon & McClennon, 2006).

Next, the employees selected for layoff must be reviewed to assure an adverse (disparate) impact does not exist for any protected class (Society for Human Resource Management, 2016). The protected …show more content…

I would attempt to offer salary continuation for a period, pay out sick and accrued vacation time, offer benefits for a continued period or until other work is obtained, and counseling (Society for Human Resource Management, 2016). These offerings may not be required but would hopefully decrease the feelings of ill will expressed towards the organization and decrease changes on legal action …show more content…

The employees must be advised if the layoffs are expected to permanent or temporary and what their expected separation date may be. Employees need to know if there are “bumping” rights in play (Fallon & McConnell, n.d.).

Prior to layoffs, employers must be certain not to discriminate intentionally against any person in a protected class or to unintentionally discriminate against any group of people in protected class (Society for Human Resource Management, 2015). The laws including Title VII of the Civil Rights Act of 1964 and the Age Discrimination in Employment Act are equal employment opportunity laws enforced in every state.

The Older Workers Benefit Protection Act (OWBPA) has separation agreements in place for the following situations (Society for Human Resource Management, 2015):

None of the employees being terminated are 4o years or older
A single employee age 4o or older is being terminated
More than one employee is being terminated and at least one terminating employee is 4o years old or

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