| When making cutbacks, employers have to plan | | | | shooting straight from the hip when it comes to |
| for any number of contingencies says noted | | | | the reasons for the reduction in staff, employers |
| employment law authority of Wilmington, | | | | are much more likely to gain the support of |
| Delaware Attorney Margaret M. DiBianca. One | | | | workers (workersxzcompxzkit) rather than get |
| such contingency that often goes under the radar | | | | gunned down by a negative and hostile |
| is the possibility of fraudulent workers’ | | | | workforce. Employee-assistance and outplacement |
| compensation claims. After counsel has given its | | | | programs are two common ways employers can |
| stamp of approval to the list of employees | | | | offer their help to employees after a layoff. The |
| selected for layoff, employers are best advised | | | | bottom line is employees are less likely to file a |
| to turn next to the ways they can protect | | | | fraudulent claim if they believe their employer |
| themselves from a potential increase in | | | | sincerely cares about their welfare. |
| workers’ comp claims. | | | | 3-Consider Offering a Severance Package |
| Here are three ways to protect your business | | | | Many employers are surprised to learn that a |
| from abusive workers’ comp claims relating | | | | “severance package” need not provide |
| to layoffs: | | | | for payment of several months of salary and |
| 1-Use Exit Interviews to Document the Absence | | | | health care. A severance agreement is far simpler. |
| of Injury | | | | The company agrees to pay the employees and, |
| Conduct an exit interview with each employee | | | | in return, the employees waive all claims they |
| who is subject to layoff. Ask the employee to | | | | may have against the employer. This is your best |
| complete an exit questionnaire, which should | | | | protection against fraudulent workers’ comp |
| include a question about whether the employee | | | | claims, but only if it is a valid and enforceable |
| has suffered a workplace injury and, if so, | | | | contract. To make sure you get what you |
| whether the injury has been reported. Also include | | | | expect, first consult with legal counsel and have |
| a question about the overall safety of the facility | | | | them draft a solid severance agreement for your |
| and the specific safety of their work environment. | | | | future use. |
| Even if that employee never brings a claim, the | | | | Try the WC Calculator ( show the REAL COST |
| affirmative statement by many employees | | | | of work comp. |
| attesting to the safety of the workplace can | | | | Look at WC 101 ( the basics about workers |
| serve as important evidence in any fraudulent | | | | comp. |
| workplace claim. Always have the employee sign | | | | Do not use this information without independent |
| and date the questionnaire form. | | | | verification. All state laws are different. Consult |
| 2-Be Kind | | | | with your corporate legal counsel before |
| Kindness goes a long way in every facet of the | | | | implementing any cost containment programs. |
| employment relationship and becomes positively | | | | ©2008 Amaxx Risk Solutions, Inc. All rights |
| crucial when there are cutbacks and layoffs. By | | | | reserved under International Copyright Law. |