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4 layoff alternatives energy businesses should consider in a downturn, according to this Houston expert

Here's what you should consider if you need to make cuts to your business — now or in the future. Photo via Getty Images

Preparing for a potential economic downturn can be unsettling for employers and employees. As payroll is typically one of the largest expenditures for a business, no matter its size, layoffs seem like the quickest fix. While this may offer short-term relief, they can severely impact operations and workplace culture.

When staff is reduced, culture can suffer. Employee morale can decrease and distrust may build, especially if layoffs are not communicated properly. This can lead to the remaining employees feeling anxious about their own future with the organization and spur them to look for employment elsewhere, which can affect an organization’s overall productivity and day-to-day operations.

Business owners should get creative and consider the impact and the many alternatives before resorting to workforce reductions.

Analyze salaries

If the organization’s downturn is short-term, senior leadership and upper management could accept temporary salary reductions until business improves. However, if the situation is more dire, leaders might consider an option such as cutting overhead with job sharing. Employee numbers then remain the same, but two positions become one and it is filled by two part-time employees to support a function or role. Furloughs for non-essential employees give employers time to consider if permanent layoffs are necessary. Of course, this requires an understanding of each performers contribution within the organization to determine overall impact and level of “necessity.”

Look at schedules

Permanent remote work could save on operating costs, such as leases and travel expenses, which gives more budgetary leeway to avoid layoffs. Another approach is implementing a four-day workweek to reduce hours and salaries by 20 percent. The added benefit to a shortened workweek is better employee work-life balance.

Scale Back Benefits

When finances are in a critical state, and leadership is looking to avoid layoffs, employers can scale benefits and perks for all employees. Temporarily pausing the 401(k) match, relying more on virtual business meetings instead of incurring travel expenses, and cutting employee bonuses can help ease the economic burden without letting people go. As with salary reductions, scaling back on benefits should begin with leadership before expanding to others.

Streamline Systems

When auditing the company, employers should also evaluate company processes and workflows for efficiency. It’s possible an employee could be more productive in a different role or a process may be found to be more laborious than necessary. Digital software is another alternative to help streamline systems. Employee feedback is another great resource to help identify gaps and streamline processes. A good practice is to have performers look for ways to make tasks within their role more efficient and productive.

Every decision has its costs. The most important thing employers can do is to be open and honest with employees, including transparency about the state of business. This communication style can increase employee buy-in during economic uncertainty and encourage employees to rally and be part of the resiliency of the organization.

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Karen Leal is a performance specialist with Houston-based Insperity, a provider of human resources offering a suite of scalable HR solutions available in the marketplace.

This article originally ran on InnovationMap.

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A View From HETI

Lawyers for a Tesla shareholder who sued to block the pay package contended that shareholders who had voted for the 10-year plan in 2018 had been given misleading and incomplete information. Photo via cdn.britannica.com

For a second time, a Delaware judge has nullified a pay package that Tesla had awarded its CEO, Elon Musk, that once was valued at $56 billion.

Last week, Chancellor Kathaleen St. Jude McCormick turned aside a request from Musk's lawyers to reverse a ruling she announced in January that had thrown out the compensation plan. The judge ruled then that Musk effectively controlled Tesla's board and had engineered the outsize pay package during sham negotiations.

Lawyers for a Tesla shareholder who sued to block the pay package contended that shareholders who had voted for the 10-year plan in 2018 had been given misleading and incomplete information.

In their defense, Tesla's board members asserted that the shareholders who ratified the pay plan a second time in June had done so after receiving full disclosures, thereby curing all the problems the judge had cited in her January ruling. As a result, they argued, Musk deserved the pay package for having raised Tesla's market value by billions of dollars.

McCormick rejected that argument. In her 103-page opinion, she ruled that under Delaware law, Tesla's lawyers had no grounds to reverse her January ruling “based on evidence they created after trial.”

What will Musk and Tesla do now?

On Monday night, Tesla posted on X, the social media platform owned by Musk, that the company will appeal. The appeal would be filed with the Delaware Supreme Court, the only state appellate court Tesla can pursue. Experts say a ruling would likely come in less than a year.

“The ruling, if not overturned, means that judges and plaintiffs' lawyers run Delaware companies rather than their rightful owners — the shareholders,” Tesla argued.

Later, on X, Musk unleashed a blistering attack on the judge, asserting that McCormick is “a radical far left activist cosplaying as a judge.”

What do experts say about the case?

Legal authorities generally suggest that McCormick’s ruling was sound and followed the law. Charles Elson, founding director of the Weinberg Center for Corporate Governance at the University of Delaware, said that in his view, McCormick was right to rule that after Tesla lost its case in the original trial, it created improper new evidence by asking shareholders to ratify the pay package a second time.

Had she allowed such a claim, he said, it would cause a major shift in Delaware’s laws against conflicts of interest given the unusually close relationship between Musk and Tesla’s board.

“Delaware protects investors — that’s what she did,” said Elson, who has followed the court for more than three decades. “Just because you’re a ‘superstar CEO’ doesn’t put you in a separate category.”

Elson said he thinks investors would be reluctant to put money into Delaware companies if there were exceptions to the law for “special people.”

What will the Delaware Supreme Court do?

Elson said that in his opinion, the court is likely to uphold McCormick's ruling.

Can Tesla appeal to federal courts?

Experts say no. Rulings on state laws are normally left to state courts. Brian Dunn, program director for the Institute of Compensation Studies at Cornell University, said it's been his experience that Tesla has no choice but to stay in the Delaware courts for this compensation package.

Tesla has moved its legal headquarters to Texas. Does that matter?

The company could try to reconstitute the pay package and seek approval in Texas, where it may expect more friendlier judges. But Dunn, who has spent 40 years as an executive compensation consultant, said it's likely that some other shareholder would challenge the award in Texas because it's excessive compared with other CEOs' pay plans.

“If they just want to turn around and deliver him $56 billion, I can't believe somebody wouldn't want to litigate it,” Dunn said. “It's an unconscionable amount of money.”

Would a new pay package be even larger?

Almost certainly. Tesla stock is trading at 15 times the exercise price of stock options in the current package in Delaware, Morgan Stanley analyst Adam Jonas wrote in a note to investors. Tesla's share price has doubled in the past six months, Jonas wrote. At Monday’s closing stock price, the Musk package is now worth $101.4 billion, according to Equilar, an executive data firm.

And Musk has asked for a subsequent pay package that would give him 25 percent of Tesla's voting shares. Musk has said he is uncomfortable moving further into artificial intelligence with the company if he doesn't have 25 percent control. He currently holds about 13 percent of Tesla's outstanding shares.

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