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.
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