Adapting to a changing economy may lead an employer either to dismiss employees or to sell an entire business unit. Both events require careful planning.

Many employees, wrongly, view a potential severance package as an asset or an entitlement. Managing that expectation and knowing the extent of the employer?s liability are important considerations in making the decision to downsize or sell.

This paper is intended to assist employers to know the extent of the potential liability, and plan a termination to reduce the potential for litigation.