How can HR protect an organization from the risk of increased employment litigation brought on by an economic slowdown?

In an interview with CCH, employment law expert Philip Miscimarra, a partner with Seyforth Shaw, offered a number of tips to employers for coping with a changing employment situation.

Miscimarra recommends that to best prepare for a change in the economic forecast, employers should not slash benefits and programs, but rather retain or create programs that offer assistance to employees, such as work-life benefits. These can help employers deal with employees in an effective way.

Employers should also stay the course and be careful not to let employment practices become shoddy. Miscimarra stresses the importance of consistency in the way employment practices are carried out, such as firing and reduction-in-force selections. It is critical for employers to use clear and nondiscriminatory criteria concerning who will be retained, what factors will be considered, and what processes will be followed in reaching the ultimate decision. Especially in times of economic downturn it is important to have documentation on what criteria were applied, what processes were followed and what reasoning was used.

Finally, maintaining morale can help foster a sense of confidence in employees, which, in turn, can help on the legal side.