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Employer Liability Issues Hiring & Firing Involuntary Reduction in Force

Epstein Becker & Green

Employer Strategies for Navigating RIFs: One-on-One with Ann Knuckles Mahoney

Epstein Becker & Green on

A reduction in force (RIF) is a complex process that demands more than just operational adjustments. It requires meticulous planning to align business objectives with legal compliance, sound decision-making, and thorough risk...more

Fisher Phillips

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

Fisher Phillips on

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

Fisher Phillips on

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

Seyfarth Shaw LLP on

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

Fisher Phillips on

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,...

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

Fisher Phillips on

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

Fisher Phillips on

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

Fisher Phillips on

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

Fisher Phillips on

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

Fisher Phillips on

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

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

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

Seyfarth Shaw LLP

Federal Shutdown Poses Risk For Private Employers With Federal Contracts, Especially In California

Seyfarth Shaw LLP on

Seyfarth Synopsis: With the federal government shut down as of last Saturday, private employers – federal contractors especially – are considering their options....more

Seyfarth Shaw LLP

Florida Federal Court Grants Conditional Certification In ADEA Collective Action Following Employer’s Reduction-In-Force

Seyfarth Shaw LLP on

Seyfarth Synopsis: Following an employer’s reduction-in-force that ultimately led to an ADEA collective action after several employees over 50 years old were terminated, a federal district court in Florida recently granted a...more

Mintz - Employment Viewpoints

March Sadness: How Not to Drop the Ball When a RIF is on Your Schedule

No matter how long you’ve played the game, administering a Reduction-in-Force or RIF is never easy. In fact, it is often painful not only because they are difficult to administer, but because of the toll it takes on the...more

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

Is an Offshore Rig a Single Site of Employment Under WARN?

A federal judge in the Eastern District of Louisiana recently issued an important ruling for oil field employers conducting layoffs. In Voisin v. Axxis Drilling, Inc. (October 21, 2015), the court held that for the purposes...more

McGuireWoods LLP

Planning for a Possible Government Shutdown: Labor and Employment Issues for Government Contractors

McGuireWoods LLP on

With the federal government funded only through Sept. 30, 2015, unless Congress acts quickly, there is a reasonable likelihood of another government shutdown beginning Oct. 1, 2015. The looming shutdown will create...more

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

California Confectioner Defeats Worker’s Age Discrimination Claim

Armenta v. Morris National, Inc., No. B255575 (March 27, 2015): Discrimination claims often ensue after a reduction in force (RIF) because laid off employees second-guess management’s selection process. However, as seen in a...more

Carlton Fields

Construction Case Law Update - January 2015

Carlton Fields on

“Reduction in Force” Employment Discrimination by Federal Contractors – “In situations involving a reduction in force, a modified prima facie formulation may apply, which allows a case of discrimination to be established by...more

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