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Lehman v. United Bank, Inc.: What Constitutes a “Lay-Off” Under the Wage Payment and Collection Act

The West Virginia Supreme Court of Appeals has just handed-down an opinion reviewing provisions of the Wage Payment and Collection Act ("WPCA") that all employers will find interesting. In Lehman v. United Bank, Inc ., Number 101486, (November 10, 2011), the Court was faced with reviewing...

The right way to use subjective criteria in layoffs

Reductions-in-force present a unique issue for an employer defending its decision in a subsequent discrimination case. The employer already has its legitimate, non-discriminatory reason baked into the termination-the economics of a layoff, which often causes qualified employees to lose their jobs. For...

Can You Have a One-Person Reduction-in-Force?

Yesterday’s New York Daily News ran the following headline: “Long Island man, 76, sues company for age discrimination after ‘workforce reduction’ of one man.” The article suggests that there is something nefarious or underhanded about a layoff of one. In reality, provided...