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workforce reduction

1. What role, if any, length of service should play in making decisions for a reduction-in-force in a non-union organization? Why?
2. To what extent can or should management consider gender, race, age, and other "protected class" designations when making reduction-in-force decisions?
3. What role, if any, should ethics and values play in this kind of decision-making? Explain

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1. What role, if any, length of service should play in making decisions for a reduction-in-force in a non-union organization? Why?

Well obviously without the collective bargaining of a union employment agreement, the only law that will apply will be indvidual contracts as well as state and federal law for the jursidiction in which the company is located. For purposes of our discussion today, I will limit my discussion to applical US federal statutory law and common law concepts.

With regards to length of service there will be legal and practical considerations:

Legal - Is it possible that firing all of the longest serving members of the workforce may be perceived as a form of age discrimination? (This will be further explored below).

In addition, are there any applicable benefit plan (or other vested interests) that may be effected by laying off longest serving workers. Some consultation should be made regarding whether any provisions of the Earned Retirement Security Act (ERISA) will be violated regarding ...

Solution Summary

Workforce reduction legality is presented.

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