Important Considerations When Making Layoff Decisions

The steps outlined below will help to answer someemployees to make the decision to leave the
of these very questions and provide guidelines tocompany voluntarily. However, this approach may
follow when faced with a layoff situation:also have some drawbacks; most notably the
1. Consider the alternatives. A knee-jerk reactionpotential for star employees to take you up on
may result in a quick layoff and a quick buck, butyour offer.
it may not be the best solution long-term. Before6. Severance packages. Although employers
making a layoff decision, always consider thetypically have no obligation to offer severance
alternatives. Layoffs should typically be a lastpackages to exiting employees, some employers
resort, after other cost-cutting measures don'tmay decide to. Severance pay usually equates to
pay off. Work sharing, for example, is one optiona week or two of pay for each year of service
that may help the company save some moneyand can be provided in a lump sum or paid over a
and still allow employees to retain their jobs. Workperiod of time. In some instances, a severance
sharing allows two employees to share thepackage may also include other extended benefits
responsibilities of a full-time employee.such as continued health insurance or
Company-wide pay cuts may be another feasibleoutplacement assistance.
alternative to a layoff. Although not appealing to7. Outplacement services. Employers may want
most employees, for some, it's better than havingto consider providing affected employees with
no job at all. A reduction in pay works best if it isoutplacement services. These services are
shared by all employees, including management.designed to help terminated employees prepare
Another option is to offer those nearingfor a new job and typically provide assistance in
retirement exit incentives if they choose to resignresume writing, interview skills, job placement, and
early. Employers want to be cautious with thiscareer counseling.
approach, however, to avoid claims of age8. Ensure employees are informed. Employers can
discrimination.help make the transition between jobs a bit easier
2. Layoff criteria. It is recommended that prior toby providing employees with helpful information on
layoff employers develop objective and justifiableincome support assistance programs such as
criteria for selecting employees to let go. Someunemployment compensation, and health insurance
factors you may want to consider in making acontinuation options, such as COBRA.
layoff decision include seniority, job performance,9. Paychecks. Each state may have their own
leadership potential, and one's overall value to therequirements relating to issuing an employee's final
company. Just remember, any decision you makepaycheck. In some states, employers may be
must be supported by a legitimate business need.required to provide employees their final paycheck
3. Seniority. When seniority is considered to beat the time of layoff; other states may allow
the criteria for making layoff decisions, anemployers to provide the final paycheck at the
employee's tenure will determine his or hernext scheduled payday. Check your state
susceptibility to a layoff. Although length ofrequirements in the Layoffs section of our State
service is recommended to be part of the layoff& Federal Laws database.
decision, it should be coupled with other factors10. Legal considerations. As with any employment
such as an employee's performance history.decision, employers want to tread carefully before
4. Performance and skills.The knowledge, skills andfollowing through with a layoff. To avoid
abilities (KSA's) needed for a company to survivediscrimination claims, all decisions should be made
after downsizing, and to ultimately remainbased on objective criteria and supported with
competitive in the marketplace, may also helpdocumentation. It's recommended that equal
guide a layoff decision. Competencies such asemployment opportunity (EEO) implications are
resiliency, leadership and organizationalconsidered in order to ensure that employees of
commitment, for example, may all be particularlya protected class (i.e., minorities, those over the
valuable to the company. It may be wise to retainage of 40, the disabled, or veterans) are not
employees possessing the skill sets that aredisproportionately impacted by a layoff decision.
desired company-wide. In addition to specializedFurther, when large number of workers are laid
skills, job performance is often used to makeoff at once, state law may require
layoff decisions. When performance is used duringthat employers notify their state Department of
the decision making process, be sure to reviewLabor. Check your state requirements in the
past performance appraisals and other records ofLayoffs section of our State & Federal Laws
performance history before making a layoffdatabase.
decision.If downsizing is the best option for ensuring the
5. Voluntary layoffs. To avoid making the difficultcompany stays afloat during tough economic
decision themselves, some employers offertimes, there are a variety of considerations
"voluntary layoffs" by informing employees ofemployers should make in order to protect
their options. For example, an employer maythemselves. Establishing criteria that will be used
approach their employees and offer them towhen making layoff decisions should always be
either remain with the company and take a payyour first course of action, followed by
cut or allow them to resign and take a severanceconsiderations relating to whether or not to offer
package. Offering attractive exit incentives, suchseverance packages, outplacement assistance, or
as severance pay, continued health insurance, andexit incentives.
pay for unused paid time off, may encourage