Before the layoff  Make sure it’s necessary  Use committee to review  Try other measures as appropriate  Wisconsin Department of Workforce Development Wisconsin Department of Workforce Development  Review personnel policies and handbook  Review severance policies  Watch for cost issues  Unemployment  Payouts to workers  Lost skills  Administrative costs

Plan  Show necessity of reduction in force  Show cost savings  Show consistency in dealing with employees  Serve as documentation

Legal Issues  Worker Adjustment & Retraining Notification Act (WARN)WARN  Employers with more than 100 employees  60 days written notice for plant closing or mass layoffs (50 ee’s or 33% of workforce)  Wisconsin Plant Closing Law Wisconsin Plant Closing Law  Employers with 50 or more employees  60 days written notice for plant closing or mass layoff (25 ee’s or 25% of workforce)

 Discrimination laws – watch for adverse or disparate impact on protected classes  Family Medical Leave Act (FMLA) – employees out on leave may be protected unless they would have lost their jobs anyway  Uniform Services Employment and Reemployment Rights Act (USERRA) – employees on leave may be protected

 Consolidated Omnibus Budget Reconciliation Act (COBRA)  Allows employees to continue health care coverage of former employer by paying the premiums

Decision Process for choosing  Identify employees for layoff  Union contracts/employee handbook may have identified process  Possible criteria: seniority, merit, key positions  Notify employees  Legal requirements for advance notice  Advance or not?

 Benefits & assistance  Follow company policy and union contracts  Can include:  Severance pay  Outplacement assistance  Job banks  Medical coverage  Counseling  Retraining  Wisconsin's benefits Wisconsin's benefits