News & Analysis as of

Involuntary Reduction in Force Age Discrimination

Cooley LLP

10th Circuit Decision Highlights Best Practices for Employers Planning Reductions in Force

Cooley LLP on

In Raymond v. Spirit AeroSystems Holdings, the US Court of Appeals for the 10th Circuit considered and rejected a group of former employees’ allegations that they were selected for termination in a reduction in force (RIF)...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

U.S. Equal Employment Opportunity Commission...

EEOC Sues the Ohio State University for Age Discrimination

Human Resources Generalist Fired Because of Age, Federal Agency Charges - COLUMBUS, Ohio – The Ohio State University (OSU), a public research university, violated federal law by firing a human resources generalist in the...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

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

Proskauer - California Employment Law

California Employment Law Notes - September 2017

Jobseeker Website May Be Compelled To Disclose Identity Of Anonymous Posters Who Criticized Employer - ZL Technologies, Inc. v. Does 1-7, 13 Cal. App. 5th 603 (2017) - ZL Technologies brought suit, alleging libel per se and...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

Foley & Lardner LLP

It Pays to Pay Attention to Impact When Considering Layoffs

Foley & Lardner LLP on

Unfortunately, many employers from time to time face the need to restructure or downsize their workforce. While the business climate or customer needs are often the driving force in a restructuring or layoff, there are a...more

Littler

Third Circuit Rules "Subgroup" Disparate Impact Claims Are Cognizable Under the ADEA

Littler on

The U.S. Court of Appeals for the Third Circuit recently became the first appellate court to find that so-called “subgroup” disparate impact claims are cognizable under the Age Discrimination in Employment Act (ADEA), which...more

Clark Hill PLC

New Jersey Jury Awards $51 Million in Age Discrimination Case: A Shocking Reminder for Employers to Tread Carefully

Clark Hill PLC on

On January 26, 2017, a federal jury sitting in Camden, New Jersey awarded 66 year old Robert Braden a whopping $51.1 million in damages against his former employer Lockheed Martin Corporation. Mr. Braden was not a high-level...more

Ballard Spahr LLP

Third Circuit Expands Liability Under the ADEA for Disparate Impact Claims

Ballard Spahr LLP on

The Third Circuit recently held that the Age Discrimination in Employment Act (ADEA) permits disparate impact claims by older "subgroups" of workers within the law's protected 40-and-over class. Under the court's ruling,...more

Pullman & Comley - Labor, Employment and...

Employee Separation Agreements – A Refresher (The Sequel)

In our last post on this topic, we reviewed the essential elements of a valid employee separation agreement that includes an employee’s release of claims against the employer (i.e., the agreement must be made knowingly and...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

Mintz - Employment, Labor & Benefits...

Waivers of Age Discrimination Claims in Reduction in Force Cases Continue to Face Intense Scrutiny

A Federal court in Colorado recently permitted a former employee to advance an age discrimination claim despite his prior execution of a severance and release agreement after his employment ended in connection with a...more

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