mitigating liability

The Equal Employment Opportunity Commission (EEOC) recently released its statistics for fiscal year 2008 which ended September 30, 2008. The number of cases filed in every category increased, totaling a record 95,402 claims filed, a 15% increase. Age discrimination saw the biggest increase, + 29% and retaliation claims increased by 23%. In cases filed, race discrimination maintained its lead, followed by retaliation, sex, and age. As the unemployment rate soars, so will the discrimination cases. The unemployment rate in LaPorte County, Indiana increased from 5.9% in January 2008 to 11.1% in January 2009. According to ELT-Inc., every 1.5% increase in […]

A mass layoff is loosely defined as a single employer laying off at least 50 employees. The statistics are measured by new filings of unemployment insurance benefits for each month. In October of 2007, Indiana had 29 mass layoff events and 5,129 initial claims for unemployment. This past October, Indiana had 63 such events and 7,961 initial unemployment claims. The majority of these companies are still in business. Recent studies have revealed the effect down-sizing has on the survivors. We have all heard doing more with less. Sirota Survey Intelligence, a New York based HR Consulting firm conducted an employee […]

Termination due to poor performance is potentially litigious. Even employers with established policies, effective performance appraisal systems, and apparent good cause for termination should follow proper procedures in making the decision and carrying out the discharge. Consider suspension first. Suspending the employee gives you time to look into the situation and consult with counsel or a third-party prior to making the decision to terminate. Thoroughly investigate the facts. Take time to review the details of the situation. Talk with the employee to establish his or her perspective. Obtain statements from witnesses. Review all related documentation. Outline the facts of the […]