With the rise of inflation and other negative economic indicators, most news reports are suggesting that the U.S. economy is facing uncertain times. Some economists predict that the economy is headed for a recession or that the United States has already entered one, while others are more optimistic. Despite this uncertainty, data suggest that the U.S. economy grew in the third quarter and that hiring remains strong. According to the U.S. Bureau of Labor Statistics (BLS) September 2022 jobs report, the U.S. economy added 263,000 new jobs and unemployment dipped down to 3.5 percent—a 50-year low.
At the same time, these welcome signs for the economy are hedged by the fact that businesses in some sectors of the economy are being forced to reduce headcount, which could be a sign of what is to come in 2023 across the economy.
Given this uncertain economic climate, employers may be considering potential reductions in force (RIF) of their own as a way to reduce costs or discover increased efficiencies. Accordingly, employers may want to start developing a well-planned strategy for conducting RIFs that reduces litigation risk, accomplishes all business needs, and complies with applicable local, state and federal laws. In doing so, employers may want to keep the following issues in mind.
1. Statistical Analysis/Discrimination Claims
Before implementing a RIF, employers may want to consider conducting a statistical analysis in order to confirm that the selection criteria they use...
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