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Question on using a reduction in force
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Question on using a reduction in force
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We are currently entering in a two week shut down mode at my facility. My boss told me today that he wants me to call one of our employees (exempt employee) and tell him he is laid off. During that 2
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Question on using a reduction in force

posted at 6/25/2009 5:44 PM EDT
Posts: 1
First: 6/25/2009
Last: 6/25/2009
We are currently entering in a two week shut down mode at my facility. My boss told me today that he wants me to call one of our employees (exempt employee) and tell him he is laid off. During that 2 week shut down, my boss plans on replacing him – with a new hire. This employee has been with us for a couple years and is not in a protected class. By boss is using a reduction in force when realistically it is a termination. He has done this tactic one other occasion and I get constant phone calls from the employee questioning their return. I don’t feel comfortable conducting a layoff. We are an at will state. Are there any ramifications that I should be aware of? Thank you.
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Question on using a reduction in force

posted at 6/26/2009 4:29 AM EDT
Posts: 2146
First: 2/15/2006
Last: 9/14/2011
While it is not a best business practice, it is not illegal for your boss to do this. And failure on your part to follow your boss's directions could be viewed as insubordination. Personally I think this is bad management, but often have to do things that I feel are bad management because of a directive.

Moves like this tend to cause ex-employees to file discrimination claims even if there is nothing there. And then the company has to defend against them taking time/energy/money away from the company.

All I can suggest is letting your boss know that there are no positive ramifications for doing it this way vs telling the employee he is terminated or that it is a permanent layoff.

Either way, the employee will be eligible for unemployment benefits, COBRA/ARRA subside, etc.

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