When force reduction is reduced or as part of a voluntary exit incentive program, two additional requirements are required to validate the versions. The employer must publicly identify the targeted employees and, second, the employees concerned must be informed in writing of the professional credentials and age of all persons selected for the group program, as well as employees of the same occupational classification or unit who have not been selected for the program. Competitive knowledge requirements and optional requirements for OWBPA agreements: Be sure to include a catch-all statement that states that anything that cannot be repealed by law is not included in non-waiver or release. Some examples of things that cannot be part of a separation and termination agreement are unemployment benefits, workers` compensation rights, rights that cannot be enacted by law, and any provision that prevents the worker from filing administrative fees or a complaint or participating in a state investigation. ☐ Decide on eligibility criteria/times. Employers can legally limit voluntary RIFs to workers of a certain minimum age, to certain departments/working groups, to staff with certain years of service and to certain periods (for example.B. exit during a specified but limited „window” period). A „years of service plus age” protocol is relatively common, i.e. the employee is entitled to a separation with a redundancy package if the worker`s years of service plus his age exceed a number chosen by the employer to achieve his goal of downsizing. Workers must have sufficient time to consider their options (and the separation agreement) before they are forced to make a decision; Several weeks are not uncommon and large voluntary RIFs sometimes allow employees to choose for 30 to 45 days (in addition to the 45-day „Pondering” period required to obtain a valid waiver of federal age rights).
☐ Identify incentives. Severance pay (including severance pay for all „normal” amounts previously paid by the employer to outgoing workers) or pre-retirement benefits are an integral part of a voluntary FIR formula. The goal is to make the separation benefits inexpensive, that is, high enough, to encourage employees to choose to leave, but low enough to minimize costs to the business. Employers can offer older workers lower severance pay in very limited – and complicated – circumstances if they comply with existing pension plans. A competent lawyer should be consulted when incentives for a voluntary FIR are expected to vary with age. ☐ is investigating possible trade union issues. If a union represents a portion of the staff submitted to the FIR, carefully review the collective agreement and check the RIF restrictions by the National Labor Relations Act. The collective agreement or federal labour law will likely require communication and negotiations with the union on the effects of the FIR, and the agreement may require the company to use certain criteria (such as seniority) or the „bumping” procedure for the selection of persons for separation.