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Reductions in Force: What About Those Left Behind?

Few, if any, industries are immune to the global economic recession that has led to millions of lost jobs across the United States. Despite crunching the numbers and considering alternatives, employers are often forced to conclude that layoffs are necessary to keep the business afloat.

Employers need to focus on determining which employees remain vital to execute the company’s critical functions, ensure that protected classes are not disparately affected, notify affected employees in advance as required by federal and state WARN Acts, and have a plan for discharging those employees that maximizes their human dignity and minimizes disruption to business operations, according to Pepper Hamilton LLP, a multi-practice law firm in Boston.

“Employers should also consider their remaining employees, who will watch their friends and colleagues lose their jobs,” says Steven R. London, a partner in the law firm of Pepper Hamilton. “It’s critical to ensure that your remaining employees maintain their morale, and that they stay motivated under the pressure of trying to maintain operations with a decreased workforce. This is a critical, but often overlooked, aspect of any downsizing plan.”


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