Showing posts with label layoff. Show all posts
Showing posts with label layoff. Show all posts

Wednesday, April 15, 2009

How NOT to Lay People Off

One of the companies I worked for before cartooning full-time was doing some reorganization. The endless rounds of layoffs had everyone jumpy.

After one round, management must have noticed, so we had a meeting in the break room where, after more explanations of the company’s health and a well rehearsed sigh we heard “you know, it’s never easy letting good employees go.” And then, to his fellow management in the back, “what a day, guys! Who wants to grab some drinks after work?”

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Tuesday, February 24, 2009

Small Business Layoffs

I had a phone call last week regarding the need for an area small business to downsize. Their business is seasonal, and the economy has not helped them one iota lately. So, in an effort to survive, they have decided to use a layoff approach with some of their workers, based on season, need, etc.

Based on that call, I thought it might be wise to cover some information on what a small business owner needs to know in terms of layoffs, unemployment compensation, and a policy manual.

First, let me say that I believe it is very important for even very small businesses to have an employee manual. This document can outline what happens in terms of layoffs, such as, how individuals are selected for layoff purposes, or if the type of job lends itself to layoff. For instance, in our area, we have a number of country clubs that have in-house eateries. Some close over the month of January, causing the need for temporary layoffs amongst staff. Staff sign up for unemployment for the period, then report back to work the first week of February. This normal occurrence would be outlined in a policy manual for the establishment.

Layoff decisions can be challenged under discrimination law, so it is important for a business to come up with the reasons for the layoff, based on a set of criteria. A very good discussion on this can be found at the following site.

This discussion also encompasses the WARN Act (Worker Adjustment and Retraining Notification) which applies to employers with at least 100 full-time employees. This act requires a business to provide employees with at least 60 days written notice before a closing of the business which would involve termination of 50 or more employees or a large layoff involving termination of 33 percent or more of the workforce. An employer that fails to comply with WARN may be liable for back pay and attorney´s fees.

Beyond that, wage and hour laws may also impact layoffs. These laws require employers to pay nonexempt employees for the hours they actually worked. Each state has their own set of wage and hour laws, and there are time periods within which an employee must be paid. If employees were promised they would be paid for accrued, but unused, vacation time, sick time or personal days, state law requires that the employer honor the promise. Actually, in some cases, even in the absence of such agreements, state law may still require payment of these items. These items are often rolled into something called "separation pay."

COBRA is a much used word today, especially in the face of job loss and economically-fueled layoffs. Employers with 20 or more employees are usually required to offer COBRA coverage and to notify their employees of the availability of such coverage. In a layoff situation, employees would be offered the option to continue their current health coverage, however, they have to pay for the coverage themselves. It is best to discuss the options of such coverage with the insurance agency a small business is using to cover employee health benefits, to discover the nuances of the items that will surround payments, amounts, etc.

A business owner should also develop a layoff letter to present to the employee, covering some of the elements discussed in this very good on-line article

Finally, there is the question of whether vacation benefits and accrued time might affect unemployment collection amounts. For the most part, any lump sum payouts which show up in the final paycheck, have no bearing on the unemployment compensation picture. However, a severed employee cannot receive unemployment benefits for any day they also received vacation benefits, so if an employee decides to use vacation days as part of the layoff, (or if you, as an employer REQUIRE that they be used as part of the layoff) that employee will not be eligible for unemployment for the days chosen as benefit days.

Also, vacation pay or holiday pay may be deducted from an employees' unemployment compensation benefits depending on whether or not the employer has given them a definite date to return to work at the time of layoff. If an employee was not given a definite date to return to work, any vacation or holiday pay paid to them when the job ends is NOT deducted from their weekly benefit amount. If an employee is given a definite date to return to work, any vacation or holiday pay for the period of the temporary layoff IS deductible from their benefts.


While I hate the topic, I feel it is an important discussion for our small business owners. Our SBDC has a Human Resource specialty as part of its program efforts. If a small business owner has any questions concerning issues surrounding employees, employment and other HR related topics, feel free to contact our office. If we don't have the answer, we'll find it for you!


Source: http://scrantonsbdc.blogspot.com/2009/02/small-business-layoffs.html
















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Thursday, February 19, 2009

Alternatives to Layoffs for Small Business


Dear Dan: Our growing business added staff the past several years, but now we’re stretched. Still, I want to explore all cost-saving measures before resorting to layoffs. What are some options? - Layoff-Phobic


Dear Layoff-Phobic:  According to the National Federation of Independent Business (NFIB), the nation’s largest small business organization, layoffs by small businesses have hit record levels. “The small business economy is weak everywhere,” says William Dunkelberg, NFIB’s chief economist.


Todd Stottlemyer, President and CEO of the NFIB, adds this grim finding: One in every four small business owners now feels this recession threatens their very ability to survive.


Small business owners, however, are traditionally reluctant to make layoffs their first cost-cutting move. While big companies expand and contract their workforce with relative frequency, small companies tend to view their investment in people with greater reverence. Conditions will at some point turn around, and it becomes more difficult and expensive to bring good people back later.


Under current conditions, small firms are seeking ways to cut worker costs without cutting them loose altogether. Some non-layoff strategies include these:


  1. Institute a four-day workweek (with shortened hours) for some employees.
  2. Eliminate office space, phones and computers and allow certain employees to telecommute.
  3. Freeze new hiring, eliminate current job openings and further reduce staff via attrition.
  4. If some employees have less to do because business is down, redistribute responsibilities throughout the business and provide any training necessary.
  5. Reduce or eliminate raises and bonuses; or apply an across-the-board pay cut.
  6. Eliminate as much overtime as possible. Create a new overtime policy and restrict its use to select employees and circumstances.
  7. Reduce company pension plan contributions and increase the employee portion of health insurance premiums.
  8. Beware of substituting expensive temporary help for full-time employees. With less staff, using temps is tempting, but you’ll have to resist.


You could also consider voluntary exits, furloughs or temporary layoffs. With the right financial incentives, some employees may consider leaving voluntarily. Be sure to seek legal advice for this approach, however, to avoid discrimination lawsuits.  


Cutting pay and bonuses is also tricky and should be approach carefully. There’s a reason most big companies opt for layoffs rather than general pay cuts - they prefer to push the problem out the door rather than damage the morale of an entire workforce.


Small businesses have the same problem, so if you can’t show employees the money, consider amping up your efforts to boost morale through recognition, free meals and other low-cost devices.


Some businesses that never considered such measures before are trying out telecommuting and a four-day work week.  They save overhead costs while employees save on commuting costs.


But only certain jobs are a good fit for this strategy, notes Meredith Johnson, Chief People Officer at Gevity, a professional employer organization. “Jobs that are high on daily customer contact or require access to in-office reference materials won’t travel well,” she says. “But those that are heavy on computer work, require great concentration, and have clear objectives can be ideal.”


Before deciding, consider which of your employees would be a good fit. High performers with self-accountability will do best. Also consider the impact on yourself and others. Depending on your current style, you might now have to “manage by results” rather than the more traditional “manage by observation.”


Johnson suggests these guidelines for considering shortened workweeks and telecommuting:


  • 1) Create a checklist of tasks suitable for telecommuting. Look at the type of work performed, the employees’ personalities and how your business measures performance to gauge success.
  • 2) Think location. Who will be offsite and when; who will not; and how will your business function under the new arrangement.
  • 3) Consider tech: There may be technology costs associated with telecommuting, including the software, web connections, security and tech support employees need to work from home.
  • 4) Start small and spell it out. Try a test period before jumping in big and devise a telecommuting policy that spells out expectations, schedules and who’s responsible for equipment and software.


Finally, don’t forget to ask your own people for their cost-cutting and efficiency-boosting suggestions. They are the ones who often see where waste and inefficiency occurs day-to-day in areas that you may not be aware of.

 

Source: http://whatworksforbusiness.wordpress.com/category/your-employees/ 

Employers should prepare themselves, staffers for layoffs

February 16th, 2009

by Jimmie Wilkins

All businesses have ups and downs, and in today’s economy, some employers are faced with downsizing. We are working with many business owners facing this heart-wrenching decision now and we seeing the pain. Many times small businesses feel more like family than work. However, “This is going to hurt me as much as it hurts you” are hollow words to a staff member losing their job. No matter what you do or say, letting employees go is never easy. If you find yourself here, think of how you can prepare yourself and your staff for this situation.


For the staff member(s) being laid off:


- Break the news early and give them a chance to get their financial house in order and their job searches under way. Even if your company doesn’t have to comply with the federal Worker Adjustment and Retraining Notification Act, known as WARN (requires companies 100+ employees to give 60 days notice), take the high road and tell them as early as you can.


- Provide written documentation for all benefits that your business will offer.


- Be familiar with filing for unemployment insurance. Many people have never had to do this and anything you can do to help is important. Workers should go directly to www.workinginoregon.com and file their claim as soon as possible. Note they do not have to wait a week before applying. File for Unemployment Online is on the right side under “NOTICE”.


- Don’t promise to notify them of job openings unless you really intend to follow through.


- Refer them to the stae employment office job bank.


- Be prepared to handle requests for referrals and job verifications.


- Let the terminated employee know whom prospective employers should contact.


Before you even get to this point:


- Review and familiarize yourself with all pertinent information in your company’s personnel policy or handbook.


- Consult your attorney or an employee-relations specialist who can advise you about sticky issues.


- Establish criteria that are neutral and nondiscriminatory for reducing staff. Avoid a lottery system or selecting employees based on age or other criteria that might be viewed as discriminatory.


- Once the standards are established, apply them equally and make no exceptions.


- Make sure personnel files and performance reviews are up to date and contain any documentation that supports your decision about whom to lay off and whom to keep.


- Consider the expenses your company will incur as the result of a layoff, including severance and insurance costs. Worker’s Compensation works like any insurance model. If you have had many claims - chances are your rates may go up.


After the layoff(s):


- Tell the remaining employees the reasons for the layoff.


- Convey your regrets about the situation.


- Encourage employees to ask questions, and do what you can to help them through the transition.


- Avoid discussions of why one person was retained over another.


If a layoff is an economic necessity for your company, remember that it is only temporary. A little caring and sensitivity now will pay off down the road when you are hiring again.


Jimmie Wilkins is the director of the Chemeketa Small Business Development Center. 


Source: http://sbdcnet.org/sbdc-national-blog/107.php