A reduction in force may be driven by legitimate business needs, but an unclear selection process or inconsistent internal communications can turn a defensible decision into a jury question. A recent decision from the Northern District of Georgia offers a practical reminder for employers: When an employee using protected leave is selected for a RIF, objective criteria and a consistent contemporaneous record are critical.
In Donald v. Toppan USA, Inc., the plaintiff had used intermittent FMLA leave for several years to care for his wife. The company implemented a RIF in response to a significant production slowdown. After his use of leave increased, the company included the plaintiff in the RIF and notified him of his termination on a day he was using FMLA leave. The plaintiff was one of 15 employees selected, and the company conducted additional layoffs the following year. The company maintained that his selection was based on his relative seniority among production supervisors.
