Wednesday, January 19, 2011

Layoffs: Wingate et al

Organizational downsizing and age discrimination litigation

7 comments:

  1. It seems like this legal review is a “how to” guide for organizations covering their behinds during downsizing. It sometimes feels like organizations are really holding the cards here, because they can justify most decisions they make with careful planning. It seems like the balance of power has really swung in the direction of organizations (e.g., Labor unions not being able to collectively bargain). How can employees ban together to cover themselves in this same fashion?

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  3. In agreement with Shane, this article was geared toward helping organizations cover their tracks to ensure that they win lawsuits for firing/layoffs. Are there any help guides for employees regarding how to provide/collect evidence in the case of an unjustified layoff?

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  4. What are some organizational factors that might moderate how effect organizations are at fighting lawsuits for layoffs?

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  5. I wish I had more time to read and understand the cases in the first part of the article. It does seem that if a worker is part of a union the company can not take away the right that union members have to take a case to court. I do wonder if as you mention, Shane, this is being affected by recent legislative efforts to take away rights of workers. The second part seemed to say that it is still too early to see a pattern in arbitration cases.

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  6. Shane, your comment reminds me of the reason for employee strikes. In Chicago, I noticed some workers walking outside with signs saying "ON STRIKE" in front of a hotel. Not sure if that approach is effective though. I like Vicki's thought...has any I/O or legal professionals written a guide for employees regarding legal employment, forms of discrimination, downsizing, etc...?

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  7. Do you think legal, financial, economic, and industry specific knowledge is important for establishing the credibility of I-Os as advisors to organizations facing intense economic pressures necessitating cost reductions? It seems to me that our knowledge of statistical analysis and psychological theory, which is of vital importance in the event an organization must consider an RIF, will gain a more attentive audience among decision makers if we understand and can speak knowledgeably about the other factors influencing their circumstances and decisions.

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