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Involuntary Reduction in Force Employer Liability Issues

Fisher Phillips

Can You Lay Off Remote Workers First? 4 Key Considerations for Employers Facing RIFs

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Here’s the scenario: You were just told that your company needs to reduce its workforce by 10%, and it’s your job to put together an action plan for this grim assignment. But there’s a catch. The leadership team wants you to...more

Fisher Phillips

"Watch Me Get Fired" Videos Are Going Viral: 7 Tips for Employers to Navigate New Trend

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A scroll through social media will quickly reveal that we’re in a new workplace era where the stigma attached to being fired or laid off is waning and many people are seeking solidarity online. In recent viral posts on...more

Seyfarth Shaw LLP

APAC Reductions in Force Blog SeriesBreakdown of the Top 10 Things to Look Out for – Part 3 of 4

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In part two of our series on Reductions in Force in Asia Pacific, we addressed the importance of restructuring rationale, employee selection and redeployment, and consultation with employees or employee representatives. In...more

Seyfarth Shaw LLP

APAC Reductions in Force Blog Series Breakdown of the Top 10 Things to Look Out for – Part 1 of 4

Seyfarth Shaw LLP on

Seyfarth Synopsis: Seyfarth recently hosted a webinar entitled Asia-Pacific Reductions in Force: Ten Things to Look Out for, addressing the practical issues employers should be aware of when restructuring in APAC. We shared...more

Fisher Phillips

Employer FAQs on Liquidity Concerns in Light of the SVB Crisis

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The recent collapse of Silicon Valley Bank highlights many of the concerns that employers might face should they find themselves in the midst of a liquidity crisis. Making payroll, arriving at decisions related to wage...more

Dorsey & Whitney LLP

Economic Downturn May Cause Spike in Litigation Arising From Reductions-in-Force

Dorsey & Whitney LLP on

With economists predicting a recession in the coming year, many employers are considering downsizing their operations. In planning for and implementing such reductions, employers should be aware of the risk of litigation...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Five Work Streams for Employers to Consider Before a RIF

Employers often consider five key “work streams” at the initial planning stages of a reduction in force (RIF). WARN Act and Mini-WARN Requirements - The federal Worker Adjustment and Retraining Notification (WARN)...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Uncertain Economy Could Raise Reduction in Force Issues for Many Businesses

With the rise of inflation and other negative economic indicators, most news reports are suggesting that the U.S. economy is facing uncertain times. Some economists predict that the economy is headed for a recession or that...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Can Discharging Remote Workers Trigger the WARN Act at a ‘Single Site of Employment’?

To say that COVID-19 has presented numerous challenges to employers would certainly be an understatement. One of the changes and challenges that has entered the workforce is the proliferation of work-from-home arrangements. ...more

Fisher Phillips

Too Many People, Not Enough Cars: 5 Considerations if Your Dealership Needs to Conduct Reductions-in-Force

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Until now, having a reduction-in-force in the sales department of a retail automotive dealership was about as rare as selling vehicles at MSRP. Thanks to a combination of factors, including the pandemic and the chip shortage,...more

Fisher Phillips

3 Steps To Make Sure Your COVID-19 Decisions Don’t Lead To Wrongful Termination Lawsuits

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Employers across the country continue to be challenged with difficult decisions about their workforce in the wake of COVID-19, including decisions about employee layoffs and returning employees to the worksite. As businesses...more

Fisher Phillips

Emerging Trends In COVID-19 Workplace Litigation

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As of this writing, employees from across the country have filed more than 430 COVID-19-related lawsuits against their employers and former employers. Not all of these claims have focused on the Family First Coronavirus...more

Fisher Phillips

June 2020: The Top 21 Labor And Employment Law Stories

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Williams Mullen

Williams Mullen's COVID-19 Comeback Plan: Conducting Reductions in Force Post COVID-19

Williams Mullen on

Labor & Employment partner David Burton outlines key questions that employers should ask themselves prior to conducting a reduction in force, including: “Will my decision have a disparate impact on various protected...more

Fisher Phillips

Maryland Employers To Soon Face Mandatory Notice Requirements Before Reductions In Force

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Thanks to an impending new law, Maryland employers faced with large employee reductions will no longer be able to simply determine on their own whether to follow the state’s voluntary advance notification guidelines....more

DirectEmployers Association

DE Talk: QuaranDEAM Edition, Episode 1: Preparing for a Reduction in Force

While no one looks forward to a reduction in force (RIF), it is a fact of life for many organizations today in order to meet strategic goals and business needs. Taking time to carefully plan and prepare can make the...more

Epstein Becker & Green

Benefits Guidance in the Time of COVID-19: RIFs, Furloughs, Layoffs, and Leaves of Absence

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As the COVID-19 state of emergency continues, businesses are implementing and considering a variety of employee-related measures to manage the impact of the crisis. While some businesses may avail themselves of payroll...more

Epstein Becker & Green

#WorkforceWednesday: CARES Act, New Paid Leave, Duty to Bargain - Employment Law This Week®

Welcome to #WorkforceWednesday. This week, we’ve seen some relief for employers and their workforces. Watch the week’s top workforce management and employment law news, and read further below: CARES Act: What You Need to...more

Sheppard Mullin Richter & Hampton LLP

Coronavirus Response: A Checklist for California Employers

State and federal governments continue to roll out new COVID-19 laws, regulations, and executive orders. As a result of the ever-changing legal landscape, employers are left confused at the multitude of rules they must follow...more

Rivkin Radler LLP

Coronavirus Update – Workforce Reduction and Litigation Impacts

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In recent days, the State of New York has instituted a number of emergency measures affecting business professionals. All employers in New York State providing non-essential services have been directed to reduce their...more

Proskauer - Law and the Workplace

[Podcast]: Reductions in Force

In this episode of The Proskauer Brief, partners Harris Mufson and Evandro Gigante discuss considerations and best practices associated with reductions in force.  Companies that make a business decision to reduce its staffing...more

Foley & Lardner LLP

Beware the Gap Between What’s Legal and What’s Believable – How Good Is Your Story?

Foley & Lardner LLP on

Sometimes, asking “Can I fire this person?” is the wrong inquiry to begin with.  The better question may be “If I fire this person now, will my reasoning be believable to an outsider (especially a group of outsiders called a...more

Parker Poe Adams & Bernstein LLP

Ex-Employees Can Challenge Statistical Impact of Reductions in Force

On occasion, employers defending lawsuits filed by their employees raise questions over the legal validity of what most attorneys consider to be settled law. A good example comes from a recent decision by the U.S. Court of...more

Seyfarth Shaw LLP

Employee Furloughs – What To Do?

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Seyfarth Synopsis: With the recent partial shutdown of the federal government, many federal contractors have faced tough decisions balancing their reduced revenue with their desire to keep their workforce intact....more

Snell & Wilmer

Is Your Severance Program Release Enforceable?

Snell & Wilmer on

As most practitioners are aware, pursuant to the Older Worker Benefit Protection Act (“OWBPA”), in order for a release obtained in connection with a reduction-in-force (“RIF”) or severance program to be enforceable with...more

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