If a reduction in force (RIF) becomes necessary, it must be carefully planned and executed to minimize the risks of incurring the unwanted liability and costs of employee lawsuits.
Legal considerations for proceeding with an RIF while avoiding employee claims of discrimination and other illegalities may be complex, depending upon whether any segment of the workforce is unionized, for example. One of the most treacherous areas is terminating employment for individuals covered by the Age Discrimination in Employment Act and who enjoy protection from discharge and other potentially discriminatory actions regardless of the total number of individuals affected.
Finally, and particularly with large layoffs, employers often must recall employees soon after the layoff because of a change in circumstances or simply because of poor planning. Before planning a reduction in force, employers should consider whether other options are available. They may include the following.
A number of lawful criteria may be used to establish policies for selection of employees for layoff: (1) by length of service/seniority; (2) by identifying and eliminating unnecessary job classifications; (3) by classes of employees, e.g., eliminating all temporary, part-time, or contract workers initially.
Workers should have the same transfer opportunities regardless of age or other protected categories. Do not use age as a distinction in early retirement benefits provided as a result of a workforce reduction. For example, do not offer different benefits to employees under age 60 than those age 60 or older.
Know what you want to say before you meet. Write down your thoughts. Rehearse once or twice what you will say and how you will say it (how you communicate the message in many instances is more important than the message itself. Be sensitive and caring). If you get stuck when preparing for the reduction in force meeting, don’t guess. Call ELR.
Implementing a reduction in force is perhaps one of the most emotionally difficult responsibilities for a manager and it’s usually a very trying experience for the person being reduced as well . Responses to the reduction vary greatly. It is crucial to recognize, acknowledge, and be sensitive to the range of feelings that result from the job abolishment. The range of emotions likely to be experienced by managers is listed below:
It is your responsibility as an administrator, manager, HR professional or supervisor to carefully plan position reductions to balance business and human resource considerations, including appropriate treatment of individuals affected, impact on affirmative action objectives, and compliance with university policies.
Employee and Labor Relations (ELR), part of the Office of Human Resources, provides this information to assist managers of those affected by a reduction in force. We hope you find this to be a valuable tool as you work through the process with your staff.
As an alternative, the initial reduction in force meeting can be conducted on an individual basis but an HR team ( Talent Management and Employee Relations Consultants) can conduct the follow-up meeting. The HR team can help staff members work through the process and understand their options.