Inside disguised retrenchments: An employment lawyer on how companies force workers out

In a recent episode of In Your Opinion podcast, veteran employment lawyer Jonathan Yuen shed light on the various deceptive HR practices that companies employ to force workers out. Yuen, a Partner at Rajah & Tann, discussed the impending Workplace Fairness Act (WFA) and its potential impact on the employment landscape.

One of the myths debunked by Yuen was the notion of a "1 month per year" severance rule. He explained that this rule is not as straightforward as it appears and can often be manipulated to the employer's advantage.

Yuen also delved into the topic of introducing a mandatory cooling-off period for severance offers. He posed the question of whether such a period would provide employees with more time to consider their options before agreeing to the severance package.

The most practical change from the Workplace Fairness Act, according to Yuen, is yet to be determined. As the law is set to take full effect in late 2027, its full implications for employees and employers are still unclear.

Yuen touched upon the challenges faced by employees who suffer from genuine mental health struggles. He argued that these individuals often find themselves at a disadvantage when dealing with employers who may use their mental health issues against them.

Another significant aspect discussed was the impending $250,000 claim limit under the new law. Yuen explained that this limit would ban employees from hiring lawyers for their employment claims, potentially putting them at a disadvantage when going up against corporate HR.

Overall, Yuen's insights provided a deeper understanding of the dark side of HR tactics and the potential consequences of the upcoming legal changes for unrepresented employees.