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Margaret M. DiBianca, an associate with Young, Conaway, Stargatt & Taylor in Wilmington, Del., and editor of the firm’s employment law blog, advises employers to be as considerate as possible in laying off employees.

DiBianca noted that such matters are more than just labor and employment law issues. With many people’s identities closely connected to their jobs, losing that job can be devastating.

“You have to treat people humanely during the process,” she said.

DiBianca has been fielding calls – especially from smaller employers – about how to prepare and implement a work force reduction.

Here are some of her tips:

• Communicate.

“Communication is the key, the key and the key,” she said. “Once you make an official decision there are going to be layoffs, you have to communicate it to the employees.”

• Use objective criteria.

Whether it’s seniority or performance reviews, try to base layoffs on “anything that involves a math equation.” The less subjective your decision, the less chance of a lawsuit.

• Consult an expert.

Double-check with outside counsel to make sure you are not violating the WARN Act, rules affecting older workers or state regulations.

An outside employment lawyer can also help smaller firms with the nuts and bolts of layoffs, such as how to conduct a layoff meeting (privately, with each employee), whether to have security present (definitely, if you have any concern about potential hostility or violence) and even what time of day to have the meetings (end of the day).

“I definitely see more of the nitty-gritty questions from smaller employers as to how to conduct the meetings,” DiBianca said.

– Nora Lockwood Tooher

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