Reduction in Force
Individuals often call with concerns regarding their employer’s chosen method to execute a Reduction in Force (“RIF”). When a RIF occurs, the company has decided to permanently eliminate a portion of its workforce. Companies undergo a RIF for many reasons; sometimes they are caused by financial struggles or a restructuring of the workforce.
Absent a discriminatory intent, an employer can institute a RIF and select employees or positions based on the following criteria: skill, seniority, economic considerations, performance, or any other business-related reason. Employees affected by a RIF generally contact an employment attorney when they learn that co-workers, who are not members of a protected class, were not similarly affected by the RIF.
When evaluating a RIF, an analysis of how the RIF was designed and implemented, as well as the employer’s method for distinguishing between employees must be conducted. In order to show that the RIF was conducted unlawfully you must show that you:
- Belonged to the protected class;
- Were qualified for the position held;
- Were terminated in a reduction; and
- That the employer retained another employee outside the protected group.
Sometimes, employers will use a RIF as a means of terminating a certain protected class of employees, for example, all employees over a certain age. If you believe that your employer has used a RIF as a means to discriminate against members of a protected class, you should contact a discrimination attorney so that the details of the RIF can be examined. Even if the RIF is determined to be lawful, you may have been included in the RIF for an unlawful purpose. For example, your supervisor included your name on the list in retaliation for your previous complaints of race discrimination or because you are disabled.
Contact Ms. Trabosh, an experienced employment attorney, if you believe that you have been the victim of a questionable reduction in force.
You Need Proper Representation
Ms. Trabosh offers a free case evaluation so that you can make an informed decision with regard to your legal action regarding your reduction in force. Please call her today at (856) 874-8840 or contact her online to arrange a free consultation.