Just as we were beginning to feel a glimmer of optimism that the economy was slowly beginning to turn, we were hit again with some pretty depressing news – the California Employment Development Department (EDD) released May’s unemployment figures, and they were pretty dismal.
April saw a slight drop in unemployment,with the unemployment rate dipping to 11 percent, down from 11.2 percent in March. However, May’s rate jumped back up to 11.5 percent. That is the highest rate in close to seventy years.
To put things in perspective, the last time California experienced such a height of unemployment, the young men of our country were donning their uniforms to fight in World War II.
Yep, that’s right. In January 1941, California’s unemployment peaked at 11.7%. We haven’t been close since.
Seeing misery loves company, the national unemployment rate also hit a thirty year high, topping off at 9.4 percent in May.
What about you?
If you are a small employer and are struggling to keep your head above water, you may also be considering letting staff go. But beware a wide range of traps and pitfalls that may await you. The laws governing downsizing and layoffs are complex and can lead to employment lawsuits if not managed properly. Here are a few areas to consider:
1. Be proactive by forming a committee to address the multitude of areas which are likely to be affected. Be sure to review your company’s Employee Handbook and review your termination policies. Be sure to ask, and answer, the following questions:
- Have you reviewed your company’s Progressive Discipline policies?
- If so, was the system followed?
- Are there written employment contracts?
- Are there union contracts? Do they limit your right to terminate?
2. Establish an objective, financially beneficial reason to layoff staff. This will be important if your motives are questioned in the future.
3. Review your workforce and determine which employees will be selected for layoffs.
4. Train managers and supervisors on proper layoff procedures.
5. Draft enforceable severance and release agreements.
6. Prepare COBRA notices.
Consider Outsourcing.
If you are concerned about being sued, or simply don’t have the manpower to address each of these areas, we strongly recommend considering an outside Human Resources Consulting firm to assist you. These firms have experts on staff that are familiar with all the required laws and guidelines, and can assist you through the entire layoff process. You have enough to worry about, so leave the layoffs to the experts.