Breaking up is hard to do. Sticking it out can be easier if handled right.
Questions about layoffs and how to handle them, even though not as commonplace as they were when the recession first cast its shadow, are still “the most difficult ones for employers to handle,” said Chris Westbrook, president of the Mid-Hudson Chapter of Human Resource Managers.
Westbrook, an attorney practicing labor law in Rockland, is also director of human resources for Rockland Paramedics in Nanuet.
Employers who find themselves short-handed or having to choose between losing one good worker and keeping another do have an alternative, he said. “The Department of Labor has a shared-work program many small employers may not know about. They can reduce the number of hours for an employee by a percentage ”“ and the employee will be entitled to collect a portion of unemployment for the cut in hours. It is not a permanent solution by any means; but this way, if the business anticipates it will bounce back within six to eight months, it can keep a person on board and that employee can collect partial benefits to make ends meet.”
The caveat: “This is not a permanent ”˜fix”™ to a reduction in hours,” said Westbrook. “It is a temporary solution to hold on to a good worker until the market turns around and you can re-hire them at their full salary. Employers are required to keep the employees”™ benefits package intact. My advice is that employers find out if this makes sense for them.”
Westbrook says his experience as a labor lawyer finds most employers agonizing over layoffs. “If a business owner can retain an employee and minimize the impact, they would rather do that than let them go. Despite the economy, employers do care about their employees and don”™t want to lose a good one because of a slowdown. Whether it is a good or bad market, trustworthy, hard-working employees are hard to find and employers know it.”
Morale is important too, he said. “For employers who are dealing with minimal staff working at maximum capacity, I urge them to sit down with them and let them know they aren”™t forgotten. Employers can become focused on the stress of reduced income, but true leaders focus on both the financial side and the human side.”
Employers must also be wary of selecting people for layoff or work force reduction if it becomes necessary. Anti-discrimination laws apply, said Westbrook. “You can”™t lay off older workers and keep younger ones. Seniority is held as legitimate criteria for retaining an employee. Employers must use job criteria ”“ specific job criteria ”“ when making a decision of this nature.”
New York state is currently considering legislation that would require anyone out of work because of the federal Family Leave Act ”“ now unpaid leave for a 12-week period ”“ to be paid, said Westbrook. “Needless to say, this could decimate some small businesses. Many employers are struggling, and if they had to pay the salary of that missing employee for that length of time, it might be difficult, if not impossible. If it is a very small firm and the employer needs that extra set of hands, it means hiring another person and paying the salary of someone who is not there. It is going to be a terrible burden on the small business employer if it comes to pass. We”™ll have to see what the Legislature plans to do.”
