Bracing for Layoffs? 4 Considerations to Help Avoid Litigation

CATEGORY: Authored Articles
CLIENT TYPE: Public Employers
PUBLICATION: Human Resource Executive
DATE: Jun 27, 2023

Quoted in Human Resource Executive, LCW Senior Counsel Leighton Davis Henderson discusses the rise in lawsuits faced by major brands following mass layoffs. In order to prevent discrimination claims, employers are advised to carefully plan their layoff strategies, considering only objective selection criteria, not asking supervisors to decide who in their department will be released, and potentially providing transparent communication about the criteria used to identify the downsized positions. “An employee is less likely to feel targeted and file a claim if they have been treated the same as other similarly situated employees,” Henderson says. Additionally, while employees may submit a complaint on their way out the door, HR needs to treat those complaints the same as it would a complaint from a current employee, and investigate promptly and thoroughly.

To read the full article, please follow the link below:


View More News

Public Education Matters
AB 438 – Provides Classified Employees With The Same Layoff Notice And Hearing Rights As Certificated And Academic Employees
Special Bulletins
What Nonprofit Employers Should Know About Layoffs and Furloughs
LCW Special Bulletin