RIF:-S

Cheryl W · February 2003

I need help. :-S My company (a hotel/conference center)is faced with the prospect of having to lay off about one half our staff (100 team members). I can foresee where the lay will affect our exempt and non-exempt staff. What is the best way to plan and implement the RIF and does anyone have examples of letter templates that can be "tweaked" and communicate the RIF?

Theresa Gegen TX · February 2003

You had better look at the WARN ACT because from what you are saying you are covered (more than 1/3 of staff and more than 50 employees at a single site).

That requires specific notice (of 60 days), not just to the employees but to the state agency and local government. The penalty for not following the law is to pay the wages AND possible daily fines.

Good Luck!

Don D · February 2003

Beyond that; you should have a written RIF Plan prepared as a map by which to proceed as well as a tool by which to defend your company's actions. RIFs should be identified as being required by either: Adverse economic conditions, reorganization, lack of work or abolishment of specific jobs in the organization or any combination of those four factors. The methodology may be; by job, by program or department, by geographic location or company wide. Company wide is generally the most burdensome method and typically requires wide demographic projections and often bumping.

Position elimination is the less burdensome of the four. The next least burdensome is job category, by 'time in position'(the elimination of incumbents in a job category retaining the most senior). t is always advisable to have your written plan of action. The last thing you want is four executives on the stand trying to recall who did what and on what basis, and having them disagree. Always be certain that you (HR) do your demographic analysis chart. This clearly reveals a spreadsheet by age, race, sex, FMLA or ADA status, etc. It is also always advisable to CONSIDER using performance, beyond simply eliminating positions, especially when several encumbents could vie for the same retained position and could argue their dismissal was due to protected group status.

But, be very, very careful about implementing some last-minute, ill conceived, totally subject analysis of the traits and indicators of individuals. This method will fail you. A plaintiff attorney's dream. If you use performance as an indicator, be sure you conduct a thorough analysis of the historical data in the files, not some subjective analysis now emerging from a manager. He will die on the stand in front of your eyes. We could go on and on. But, as important as any other factor is running it all by your competent labor law attorney with RIF experience. He will see many pitfalls that you may not. Compare his hourly charge to a million dollars in decisions that went the other way. If you've not had RIF experience or if your company has no written RIF policy, make that your first telephone call.

Mentel · February 2003

I agree with Don. I have gone as far as writing a scrip for the owner doing a RIF termination so he couldn't screw it up. As long as we are on the same page and say the same thing, it goes as smooth as possible. Don't forget the follow-up to the employees still remaining. To keep your business viable, you must make all your cuts and get it over with. Tell the remaining employees that the RIF is over and honestly hope to never have to do this again. These people will also be traumatized and need reassurance that this will make your company healthier for all who remain.

RDW · February 2003

If you post your e-mail address I would be happy to send you some documents - a Guide to Reductions in Force we use with our managers and our ranking forms and a sample report that I use for adverse impact analysis. I can also send you a sample WARN notice and if you are in California, the state has its own WARN act you will also trigger.

Good luck.

kwelzel · February 2003

If you don't mind, I would love to have the forms you mentioned as well. We do not have a formal RIF plan in place, and have already had to do some of that. I can certainly use whatever you have to offer.

My email is: [email]Kwelzel@cchotels.com[/email]

M Warner · February 2003

Re: Receiving RIF documents:
I would appreciate your sending them to me, as well. If this first quarter doesn't improve, I may be looking at a RIF at my company as well.
Thanks in advance for sending to: [email]kleiderman@nady.com[/email]

Kymm · March 2003

Would you be so kind as to e-mail me the documents you have on RIF's? Thank you!! [email]Kymmt@usliquids.com[/email]

TBHRPRO · March 2003

I'm in the same boat, can you email me your forms as well? Mainly looking for wording for the letter to accompany the RIF packet. My email is [email]lik1@cardmonroe.com[/email]. Thanks so much for your help.

RT2 · March 2003

I would appreciate a copy, too.

[email]patriciahenshall@prodigy.net[/email]

Thanks.

ray a · March 2003

I agree with everything Don said. We just RIF'd 7 people yesterday. The biggest was about 35 almost a year ago. One key question is how do you decide who is effected. We rank all of our employees quarterly. They are ranked by title, by department and by directorate. So, when it comes time to lay off employees, we use the ranking as a starting point. Then we do all the demographic analysis Don referred to. As a cross reference, I will often include annual evaluation data to ensure the accuracy and fairness of the rankings. We normally try to go by the ranking in order from the bottom up. But, sometimes we will deviate due to EEO concerns or skill sets required. It is critical you select the right people, both legally and to make sure the ones remaining are able to do the job.

RIF:-S

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