What are some planning best practices for employers?
• Consider the scope of the RIF and the many state and federal laws that may come into play (including the ADEA and WARN) as well as current policies and procedures. As to policies and procedures, the company should, at a minimum, carefully review its handbook and all other sources of company policy and procedure and any governing collective bargaining agreements. • Carefully choose the criteria used to select employees for the reduction. This should generally be done prior to selecting the affected employees. A record should be kept of the selection decision, keeping in mind that the record could eventually be used as an exhibit in litigation. • Consider the use of specific (and trained) decision-makers who will make selection decisions as well as a committee to review those tentative layoff selections to ensure that established guidelines are followed. • Before any notices are sent, conduct an adverse impact analysis of the layoff list to detect patterns that may support a claim of d
