Once you’ve determined you must let staff go, and you’ve researched all the relevant laws and guidelines, your next step is to determine WHO to layoff.

A specific selection process serves as a documented method of selecting employees that are laid off. A written documentation of the process will defend the organization against discrimination charges like American with Disabilities Act (ADA), Title VII, California’s Fair Employment and Housing Act (FEHA).

“Seniority and performance appraisals are common methods in selecting the employees that are laid off. Selecting a process and consistently applying it will help if faced with unlawful termination claims,” says Linda Robinson, CPEhr’s Training Manager.