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In Good Times and Bad: Employers Must Be Proactive To Minimize the Risk of Employment Litigation in A Down Economy

March 2, 2009

by April Upchurch Olsen (Graham & Dunn, P.C.)

With the loss of 600,000 jobs in January alone, and unemployment rates soaring to 7.6%1, many companies are doing everything they can to reduce operating expenses in light of the economic downturn. As a result, many businesses have significantly reduced their workforce by implementing layoffs, or by terminating select employees with substandard performance. Whether your company is considering an isolated termination, or a larger reduction-in-force, there are practical steps that you can (and sho...

Tags: Age Discrimination in Employment Act, Handbooks and Policy Drafting, Sex Discrimination, WARN Compliance, Wrongful Discharge, Employment Litigation

Managing Exposure to ADEA Liability in Executing Layoffs

March 12, 2009

by Mary E. Pivec (Keller and Heckman LLP)

Recently, the Wall Street Journal reported that more workers are filing claims of age discrimination in the aftermath of the wave of layoffs that are taking place across the country. The Journal report cited soon to be released EEOC statistics showing a 29% spike in age claims filed in FY 2008 over FY 2007 (24,600 vs. 19,103), compared with a 15% spike in discrimination claims overall.  Yet these statistics reflect reaction to layoffs that occurred before the major financial failures of last fal...

Tags: Age Discrimination in Employment Act, Wrongful Discharge, Employment Litigation