Employers recalling furloughed workers should plan carefully to avoid legal hazards as they determine who will return to work and what to include in recall letters. They should also have a coherent return-to-work plan for returning employees.

The recall process can be an opportunity to reset work expectations. "The pandemic has given many employers an opportunity to re-evaluate their staffing levels and business models," said Andrew Sherrod, an attorney with Hirschler in Richmond, VA. "If payroll cost reductions are implemented, be careful when using salary level as a basis for decision-making. Doing so could lead to age-discrimination claims if older workers are disproportionately affected." Read More >