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CHAPTER 14 ETHICS AND EMPLOYEE RIGHTS AND DISCIPLINE 483<br />

salary and benefits, and only 4% blamed supervision. Followed up 18 months later,<br />

however, 24% blamed supervision and only 12% blamed salary and benefits.<br />

Getting to the real problem during the exit interview may thus require digging. Yet<br />

these interviews can be useful. When Blue Cross of Northeastern Pennsylvania<br />

dismissed employees, many said, in exit interviews, This is not a stable place<br />

to work. The firm took steps to correct that misperception for those who stayed<br />

with Blue Cross.<br />

Layoffs, Downsizing, and the Plant Closing Law<br />

Nondisciplinary separations are a fact of corporate life. 108 For the employer, reduced<br />

sales or profits may require layoffs or downsizing. Layoff generally refers to having<br />

selected employees take time off, with the expectation that they will come back<br />

to work. Downsizing refers to permanently dismissing a relatively large proportion<br />

of employees in an attempt to improve productivity and competitiveness. Other<br />

employees may resign to retire or to look for better jobs.<br />

THE PLANT CLOSING LAW Until 1989, there were no federal laws requiring<br />

notification of employees when an employer decided to close a facility. However,<br />

in that year Congress passed the Worker Adjustment and Retraining Notification<br />

Act (popularly known as the WARN or plant closing law). It requires employers of<br />

100 or more employees to give 60 days notice before closing a facility or starting a<br />

layoff of 50 people or more. The law does not prevent the employer from closing<br />

down, nor does it require saving jobs. It simply gives employees time to seek other<br />

work or retraining by giving them advance notice. Although there are exceptions, the<br />

penalty for failing to give notice is 1 day s pay and benefits to each employee for each<br />

day s notice he or she should have received, up to 60 days. The act does not have any<br />

enforcement mechanism beyond suit in federal court. The law is not entirely clear<br />

about how to notify employees. However, a paragraph that might suit the purpose<br />

would be as follows:<br />

Please consider this letter to be your official notice, as required by the federal plant<br />

closing law, that your current position with the company will end 60 days from<br />

today because of a [layoff or closing] that is now projected to take place on [date].<br />

After that day, your employment with the company will be terminated and you will<br />

no longer be carried on our payroll records. Any questions concerning the plant<br />

closing law or this notice will be answered in the HR office. 109<br />

THE LAYOFF PROCESS A study illustrates one firm s downsizing process. In this<br />

company, senior management first met to make strategic decisions about the size and<br />

timing of the layoffs. These managers also debated the relative importance of the skill<br />

sets they thought the firm needed going forward. Front-line supervisors assessed their<br />

subordinates, rating their nonunion employees either A, B, or C (union employees<br />

were covered by a union agreement making layoffs dependant on seniority).<br />

The front-line supervisors then informed each of their subordinates about his or her<br />

A, B, or C rating, and told each that those employees with C grades were designated<br />

surplus and most likely to be laid off. 110<br />

Sensible layoff steps to take therefore include these: 111<br />

* Identify objectives and constraints. For example, decide how many positions<br />

to eliminate at which locations, and what criteria to use.<br />

exit interviews<br />

Interviews with employees who are leaving<br />

the firm, conducted for obtaining information<br />

about the job or related matters, to give the<br />

employer insight about the company.<br />

downsizing<br />

The process of reducing, usually dramatically,<br />

the number of people employed by a firm.

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