Reduction in Force (RIF)

There are times when there is a valid business reason for a company to reduce its staff and when that occurs, it is a proper basis for discharging employees and unfortunately, on occasion, a great number of employees. This is called a Reduction in Force (RIF).

Although the concept of a RIF is proper, there are times when an employer may illegitimately include within layoffs certain employees for reasons that are not legitimate or appropriate, but rather as a means for discriminating against certain protected employees, thereby using the veil of a RIF to camouflage prohibited discriminatory terminations.

By way of example, we have sometimes found that long-standing employees of protected status, such as older employees or minority employees or female employees, are improperly incorporated as part of the group that is designated for termination for legitimate reasons in the reduction. Therefore, it is essential that we investigate and review RIF terminations to make certain that the employees were properly included within the RIF, and were not instead terminated because of age, color, national origin, disability, or gender.

If you were – or will be - laid off as part of a RIF, and you have a reasonable basis for questioning the legitimacy of your employer’s selection of employees for termination, you may wish to seek counsel from an attorney. We will be pleased to meet with you to discuss your concerns, contact us at (212) 425.4250 or online. At this time we will be able to determine whether we believe we can help you and you will have the opportunity to decide whether you wish to invite us to do so.