RIF Abuse

I'm constantly having supervisors tell employees they will "give" them a Reduction in Force regardless of if we are hiring for that position or not. To my knowledge there is no law against this...Does anyone know?   


  • 4 Comments sorted by Votes Date Added
  • I don't know of a law against it...but what's the point? I can't tell from whether or not these employees are being fired or resigning. But it seems like, if the employee is leaving voluntarily, it's not a great thing for your company to be doing since you'd be exposed to claims for unemployment. Maybe if you explain this to your supervisors they will change their practice?
  • Thanks I should explain it a little better. I have been working HR for a "typical" company which will employ the same people for years. I have recently taken a position in a Construction company which will turn over about 90% in a year. Therefore we hire hundreds of employees each year as needed. I have about 10 foreman who manage these guys and girls. In the middle of a job an employee may request for any number of reasons to leave before it's complete. I am tring to get these guys to understand, other than unemployment that we would have anyway, why they can't tell someone they will just give a RIF??   
  • If an employee requests to leave, that is quitting in my books, which does not allow them to collect unemployment.  If the foreman gives them a RIF when you are not actually reducing your workforce, that is considered fraudulent in the eyes of the DoL. 

  • If I remember correctly RIF does in MN have a qualifying % and can not be applied to just any reduction. If someone leaves a job, they leave and the HR thing to do is to properly record the reason for them leaving the project early. It is bad practise to give someone an RIF and be hiring for the position. What you do is bring any term you have had into a questionalbe status. Someone let go could challenge (bring  a lawsuit) the truth in your reporting, the untrue RIF's would be used to establish that oyu lie about employees leaving and you would loose. The owners would not appreciate your taking their rate #  so lightly. I thing from the top your supervisors need to be informed that they have to be honest and as (date) all exits will be documented accurately.

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