Daniel Klein Published in Insight Magazine's Employment Law Update
"Traps for the Unwary: During a Reduction-In-Force"

Daniel Klein's article, "Traps for the Unwary: During a Reduction-In-Force," was published in the May 2009 issue of Insight Magazine's Employment Law Update. Insight Magazine is published by the Northeast Human Resource Association. In his article, Dan discusses how virtually every business during this economic downturn has been forced to make tough decisions in determining how best to reduce and control costs. He notes, "a workforce downsizing poses a virtual minefield of obstacles with high-stakes of litigation and legal exposure at every turn." One of these issues relates to the Age Discrimination in Employment Act (ADEA). Since the group usually most affected by workforce reduction tends to be older workers, Dan warns that ADEA cases can be costly and expose an employer to substantial damages. He also notes that workforce reductions can trigger discrimination claims based on other protected traits, such as gender, race, national origins or religion, under Title VII of the Civil Rights Act of 1964 and state anti-discrimination laws. Finally, he adds that a "host of other statutory obligations can create traps for the unwary during a workforce reduction, exposing an employer to significant liability if mishandled."

Dan explains, "while making prudent efforts to minimize legal exposure during a downsizing may seem daunting and time consuming, employers can take certain steps to avoid lawsuits, or at least make them easer to defend." Dan uses the rest of his article to outline the major legal challenges that employers face during a reduction-in-force, and how employers can act in advance to minimize their legal risk.