Posted on December 19, 2011 7:39 pm

The economic situation throughout much of the country is causing companies to consider reducing their workforce. This decision is not an easy one for anyone involved, and if it Is deemed necessary, must be properly handled to avoid the possibility of legal backlash. Selective reduction of your workforce can bring about discrimination charges if not done in the proper manner, as it typically does not affect all areas of the company equally.

Careful planning is the key to avoiding any possible violations or lawsuits. Consulting a qualified and experienced employment law attorney is the best way to protect your company’s assets, but when you begin planning consider these important questions before making any lay-offs.

• Can your company avoid lay-offs by cutting costs in other areas of the business?
• Would voluntary attrition through early retirement plans, severance plans, or enhanced benefit plans make a significant impact?
• Can you cutback nonexempt hours?
• Can you isolate particular departments, levels of managers, or do cuts need to be made across the board?

If no solution is probable, aside from reductions-in-force, enlisting the help of a Colorado Employment Law attorney may be a worthwhile investment. With careful planning, weighted criteria for selection of reduction, exploring outplacement options and providing transition assistance, many claims and lawsuits can be avoided. Your attorney can help spot areas of concern and minimize the chances of legal recourse.