Layoffs are a reality that many businesses must face. The actions can be difficult but may be necessary in certain situations. In order to lay off employees in New Jersey, an employer must follow certain steps.
First, the business must provide notice of the action to the chief elected official of the municipality where the business is located. The same notice should be given to any collective bargaining groups affiliated with the affected employees and the actual employees who are being laid off. If the action is designated a mass layoff or a termination or transfer of operations, the Commissioner of Labor and Workforce Development must also receive notice. Notification of the commissioner can be done using an online form, but the other individuals must receive a physical copy of the announcement.
After the necessary parties have been notified, the employer might participate in a number of activities that might provide former workers with other opportunities for employment. For example, registering the layoffs with the Rapid Re-employment Initiative may be beneficial. In addition, the Rapid Response program, which is operated by the New Jersey Department of Labor and Workforce Development, is able to assist employers and former employees.
Taking the proper steps when conducting a layoff might limit the possibility of employment litigation pursued by former employees. However, this information may not apply to all situations and should not be considered legal advice, but an attorney who is familiar with employment and business law might provide an employer with assistance throughout the action. In cases where a former employee files suit, the attorney might be able to protect and represent the employer's interests during negotiations and in court.
Source: State of New Jersey Department of Labor and Workforce Development, "Layoffs & Closings", September 26, 2014