Better times are coming. More people are looking for work. Wages are thawing out. Defined-contribution employer matches are returning.
But before your workforce rebuilding goes full bore, consider the landmines of the recovery, Matthew S. Effland, employment lawyer with Olgetree Deakins, told attendees at the Society for Human Resource Management’s 2010 conference.
Despite the name of his session, “And the Tide Rolls Back In — Legal Issues in Rebuilding Your Workforce Post-Recession,” Effland’s warnings were not confined to the law. He spoke a lot about “survivor anger” spreading through corporate America right now — among people who’ve been working on frozen wages, doing the jobs of laid-off former co-workers as well as their own, and feeling minimized by their companies’ efforts to infuse new blood into the organization by recruiting outsiders and paying them higher salaries than their own.
“Think about what you can do to make sure you’re taking care of the survivors,” said Effland. “Their disgruntlement can lead to litigation if you’re recruiting from outside to replace a position equal to theirs at a higher wage.”
Also be careful not to “give into the pressure” to selectively re-hire laid-off employees, those problem workers you were able to let go of in the name of hard times. Those who are not re-hired when others are, or who are told to reapply for the same position, “will feel some sense of entitlement, and may sue, and may have a case” if they fall under a protected class, he said.
“Avoid the shortcuts and the push for speed-hiring,” Effland said. “And make sure you fully document your hiring process. When you decide not to hire someone back, you better be able to justify it and explain it in a court of law.”