RIFs

DTBRIMRIN

I'm interested in knowing how others handled RIFs. Our Executive Director is thinking of identifying positions to keep (all the same department, so we're dealing with hours needed and number of FTEs to retain), and then posting all positions & making decisions based on performance, expertise, attendance, and when all is equal, seniority. I am under the thinking that you identify those positions you want to keep, modify any that require less hours, and eliminate the rest (and subsequently, the individuals in those positions). I'm also not sure of the idea of allowing "bumping." i.e., a 20-hour position can take a person's 40-hour position because they have seniority.

Any thoughts are greatly appreciated.

Denise T. Arver
East Providence, RI

Margaret Morford

Your sense is correct that you first identify the positions that are going to be available. Then I usually ask the manager who they would like to have, given the positions available. In an ideal world, the people most likely to remain are those that have been there the longest... with the idea being that they should be the most skilled. But in the real world, it doesn't usually shake out that way. Then HR should review management's plan with them. If they are not keeping the most senior people, the next question is why would you rather have Joe than Bill, who has 5 more years in the job? If the answer is based on objective criteria (meaning written), such as Joe's performance review is better, Bill's had written disciplinary action in the last 6 months, Joe sells more product than Bill, etc. then it's a valid choice that you can defend to all employees as well as any governmental entities. If the reason is Joe's just a better worker, you're going to have problems. Then review the list to see if any protected classes are unduly represented in the RIF, such as the majority of the people being laid off are over 40. Simply being in a protected class does not protect you from lay-off, but it does get you extra scrutiny by the government. You just need to be able to explain your plan. If the position calls for a full-time schedule and you have part-timers that cannot work full-time, then it is legimate to lay them off because you do not have part-time work anymore, even if they have more seniority. I am assumning that you do not have a union contract that governs this or a dusty old company policy that says lay-offs will be by seniority. Check you current handbook and policy and procedure manual to make sure.

Call me if you want to discuss this further.

Margaret Morford
theHRedge
615-371-8200