law on reduction-in-force

a summary of legislation and litigation by Perry Alan Zirkel

Publisher: Educational Research Service in Arlington, Va

Written in English
Published: Pages: 74 Downloads: 100
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  • Employees -- Dismissal of -- Law and legislation -- United States.,
  • Employees -- Suspension -- Law and legislation -- United States.,
  • Teachers -- Legal status, laws, etc. -- United States.

Edition Notes

Includes bibliographical references.

StatementPerry A. Zirkel and Charles T. Bargerstock.
SeriesERS monograph
ContributionsBargerstock, Charles T.
LC ClassificationsKF4177 .Z55
The Physical Object
Paginationvi, 74 p. ;
Number of Pages74
ID Numbers
Open LibraryOL18382893M

New Topic Search. Power Points (2) Trainer's Guides (1) Training Talks (1) Training Meetings (1) Speaker's Notes (2) Training Exercises (2) Federal Summary. National State Summary. To view full analysis, take a free trial or subscribe. Alternatives to Layoff + Other Issues to Consider + Layoff Survivors + Workforce Innovation and Opportunity Act +.   While the federal Worker Adjustment and Retraining Notification Act, or WARN, protects workers affected by mass layoffs on a national scale, the state of California adds even more protections to its own version of WARN. Workers in the state enjoy a variety of non-WARN-related protections, too. No one wants to have a layoff. Sometimes economic or other circumstances make reductions necessary. If a company has to endure the pain of terminations, the last thing they want is a lawsuit from a former employee. This CLE helps attorneys think through the many legal issues that can arise when conducting a reduction in force. The WV State Board of Education promulgates rules also known as policies as allowable by Code §a. A comprehensive system has been adopted by the state board of education to maintain, publish, and distribute all policies and to ensure that all applicable laws, regulations and policies are fully observed. An employee of the state.

COVID Resources. Reliable information about the coronavirus (COVID) is available from the World Health Organization (current situation, international travel).Numerous and frequently-updated resource results are available from this ’s WebJunction has pulled together information and resources to assist library staff as they consider how to handle . Indiana University Health now says it will cut more than jobs in a reorganization brought on by changes in health care. That's at least more than announced nearly three weeks ago. The IEA has developed a series of brochures to try to help guide you through this most difficult time. Included are explanations of the RIF notice, what you’re entitled to through seniority, bumping rights, recall rights, payment of earned compensation, unemployment, health insurance, etc. (c) In the event of a reduction in force, the reduction in force review committee shall conduct a hearing. At the hearing, the academic employee affected shall have the opportunity to be represented by counsel, to respond to and present evidence and arguments on all issued involved, and to examine and cross-examine witnesses.

Instruction Reduction in Force (RIF) Issue Date: 01/29/ 4 DEFINITIONS A. Assignment rights. The rights granted an eligible competitive service employee in to group I or II, when he or she is released from a competitive level to displace a lower.

law on reduction-in-force by Perry Alan Zirkel Download PDF EPUB FB2

Reductions in Force in Employment Law, Second Edition, provides a comprehensive understanding of law on reduction-in-force book key employment and employee benefit considerations that arise in a law on reduction-in-force book in force.

The material in this soup-to-nuts volume is presented in logical order, law on reduction-in-force book the preliminary issues that arise when planning a workforce reduction, to its Price: $ TIPS FOR PLANNING REDUCTIONS IN FORCE 11 9.

Don’t Lose Sight of Termination Basics. About Foley Hoag Foley Hoag LLP is a leading law firm in the areas of dispute resolution, intellectual property, government strategies, and corporate transactions for emerging, middle-market, and large-cap companies.

With a deep understanding. concern to employers, this book also addresses issues of concern to employees, unions, and government or regulatory agencies. Indeed, the objective of this book is to educate the reader, regardless of his or her perspective, on salient employ-ment law issues related to work force reductions, to subject those issues to aFile Size: KB.

Reduction in Force in Employment Law [Lipsig, Ethan, Dollarhide, Mary C., Seifert, Brit K., Hastings, Paul] on *FREE* shipping on qualifying offers.

Reduction in Force in Employment Law. Learn the difference between a layoff and a reduction-in-force and what benefits you might receive. Maybe it's happened, or about to happen, to you or someone you know. You hear words like reduction-in-force (RIF), layoff, or downsizing in the news, in an email, or at the water cooler.

You’re immediately worried about your job. A layoff is the temporary suspension or permanent termination of employment of an employee or, more commonly, a group of employees (collective layoff) for business reasons, such as personnel management or downsizing (reducing the size of) an organization.

Originally, layoff referred exclusively to a temporary interruption in work, or employment but this has evolved to a.

Empty field [MoreInformationMetaDescription] --> + (*) A Guide to MSPB Law and Practice. In two volumes, updated annually, the MSPB Guide is a complete research tool for Board cases, laws, procedure, and litigation practice and is the seminal text on this complex area of the law.

Major topics include MSPB regulatory revisions, Whistleblower Protection Enhancement Act. Reduction in Force (RIF) Also known as a layoff or downsizing. Typically, the permanent termination of several employees as part of a planned program owing to an employer's need to reduce payroll costs or headcount in response to changed business circumstances.

Reduction-in-Force Procedures Law and Legal Definition Reduction-in-force procedures is defined as “procedures applied in carrying out any reduction in force due to reorganization, due to lack of funds or curtailment of work, or due to any other factor.” (5 USCS § ).

Reduction in Force - Read the Education Law legal blogs that have been posted by Dr. Carol A. Simpson on COVID UPDATE: Law. The education law book, a compilation of state school laws in force, is published every two (2) years under authority of the State Superintendent of Public Instruction in accordance with the requirements of 70 O.S.

§ The education law book includes Oklahoma state statutes, regulations, court decisions, opinions of the Oklahoma Attorney General, and other informative. (a) Retention preference regulations. Except as modified by this section, the reduction in force regulations in part of this chapter apply to administrative law judges.

(b) Determination of retention standing. In determining retention standing in a reduction in force, each agency lists its administrative law judges by group and subgroup according to tenure of employment, veterans.

Planning for and conducting a reduction in force is a complex process which involves many legal requirements. This article only touches the surface of some of the issues that may arise.

Employers are advised to seek the advice of an attorney competent in employment law when planning and implementing a reduction in force. YOUR EMPLOYEE HANDBOOK This Employee Handbook has been prepared to outline the West Virginia Department of Education's personnel policies.

Maintaining this on-line handbook is an on-going process that requires frequent updating. Employees will be notified by email whenever revisions are made to the handbook by the Office of Human Size: KB. Chapter 2 in a book on school law discusses the reasons for reduction in force (RIF) and presents a set of model regulations for school districts as the best means of minimizing legal problems resulting from RIF.

The reasons for RIF include declining student enrollments; reduced turnover among teachers; changes in programs; and more constrained school budgets because of. Nevada Revised Statutes. NRS; Rules for State Personnel Administration (Nevada Administrative Code ) NAC - ; FAQs - Layoffs.

Get this from a library. The law on reduction-in-force: a summary of legislation and litigation. [Perry Alan Zirkel; Charles T Bargerstock]. which has concluded that a reduction in force is necessary to keep the company afloat.

The Board concludes that a 10% reduction must be made and asks the company’s senior human resources director, Polly Planner, to plan and implement a RIF of employees in the following month. The Board tells Polly it doesn’t have time to come up with any.

Six legal issues surrounding a school district's reduction in force are described in this twelfth chapter in a book on school law.

First, the courts generally hold that the school board must prove that a reduction in force (RIF) is inescapable. The second issue revolves around which positions and employees are being eliminated. In deciding such cases, one question to be resolved by. In the Federal Government, layoffs are called reduction in force (RIF) actions.

When an agency must abolish positions, the RIF regulations determine whether an employee keeps his or her present position, or whether the employee has a right to a different position. This summary discusses the procedures in the RIF regulations. With this summary. The law imposes important restrictions on a board’s right to determine when certain conditions justify a RIF.

Once the district has declared a RIF, it must identify the employment area affected by the RIF, such as campus, grade or program, and apply its local board policies to identify the teachers who will be affected.

reduction in force with only a general understanding of the goals of the RIF and how to achieve them. However, having an established and well-documented process can be invaluable in showing that the employer acted for legitimate and fair reasons.

A good starting point is a centralized planning document that describes the reasons forFile Size: 39KB. The reduction-in-force committee should probe to determine whether there is a behavioral basis for the conclusion or whether it appears to be a proxy for Author: Jonathan A.

Segal. By Charles L. Post on March 14th, Posted in Labor Law, Reductions in Force, Retaliation and Wrongful Termination. Employers sometimes see a position elimination or reduction in force as a way of terminating employees that is kinder and gentler than termination for cause.

Define in force. in force synonyms, in force pronunciation, in force translation, English dictionary definition of in force. Reduction in force. Newton's second law of motion states that a free body accelerates in the direction of the applied force and that its acceleration is directly proportional to the force and inversely.

Purpose of the Workforce Reshaping Operations Handbook OPM is issuing this Workforce Reshaping Operations Handbook to provide assistance to agencies that are considering and/or undergoing some type of reshaping (e.g., reorganization, management directed reassignments, furlough, transfer of function, reduction in force).File Size: KB.

The Secretary of Defense shall prescribe regulations for the separation of employees in defense intelligence positions, including members of the Defense Intelligence Senior Executive Service and employees in Intelligence Senior Level positions, during a reduction in force or other adjustment in force.

The regulations shall apply to such a reduction in force or other. When Jackie Rousseau loses her job as a software engineer to outsourcing, she manages to stay afloat financially.

She sees the damage the reduction in force wreaks on her friends' lives, though, and decides to deliver a dose of : Edith Maxwell. The Department of Defense recently released new rules for reduction in force (RIF).Required by language in the National Defense Authorization Act (NDAA), the new rules are the biggest shakeup in RIF in new rules change the order of RIF retention factors to make performance ratings the primary factor in determining who to let go in a RIF.

Legal Issues Can Arise with Reduction in Force The recession that was finally acknowledged in late has not only been deeper than any since the Great Depression, but also will result in a larger reconstruction of the global economic system than accompanied any of the less serious economic downturns of the last 50 years.

“Reduction-in-force” and “resignation-RIF” actions are considered to be involuntary separations only when you have received a written notice of RIF separation. If you are eligible for an immediate annuity or are receiving an annuity under any retirement law or system that applies to federal employees or members of the uniformed services.Reduction in force.

(1) Except in cases of financial emergency declared by the state board and acted on by the district board under RCW 28B, the president shall determine which program(s) and/or support services are most necessary to maintain the educational mission of the college and where and when any reduction in force of tenured or.Rule 5.

Reduction in Force A. General Provisions 1. The provisions of this Rule apply to layoffs and displacements within the Classified Service.

2. A reduction in force means separation of employees from the Classified Service as a result of: • a lack of funds, • a lack of work, • abolition of a position, or.