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June 15, 2020
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 >