News & Analysis as of

Involuntary Reduction in Force Severance Agreements

Fisher Phillips

Manufacturing Employers Should Pay Attention to Severance Agreement Restrictions Despite Booming Times

Fisher Phillips on

The recent pendulum-swinging NLRB decision that invalidated confidentiality and non-disparagement provisions in severance agreements will have far-reaching effects on employers that utilize them during layoffs or other...more

Bowditch & Dewey

How to Navigate a Reduction in Force

Bowditch & Dewey on

Over the course of a brewery’s growth in the industry, there may come a time when you are faced with the difficult but necessary decision to lay off some employees as part of a reduction in force or other restructuring...more

Parker Poe Adams & Bernstein LLP

Amid Twitter Severance Controversy, Practical Tips on Release Agreements

As part of the well-publicized reductions in force taking place at Twitter, former employees and their advocates have heavily criticized the severance packages the company offered. In many cases, those offers were limited to...more

Perkins Coie

Plan for Workforce Reductions Now To Avoid Delay and Liability

Perkins Coie on

Recent news has shined a spotlight on the legal consequences of mass layoff situations. Employers should take steps now to prepare for possible reductions in their workforce. By being aware of the potential pitfalls and legal...more

Foley & Lardner LLP

Reductions-in-Force are Never Pleasant, but There’s a Right Way and (Many) Wrong Ways

Foley & Lardner LLP on

Here in Wisconsin, we say – “Don’t like the weather? Wait five minutes” – to capture our ever-changing outdoors. (Case in point: as I write this article, today’s high temperature is 72 degrees; tomorrow’s is 36.) The phrase...more

Sheppard Mullin Richter & Hampton LLP

Considering a Reduction in Force? Time to Revise Your Separation Agreement Template

As economists argue whether a recession is on the horizon, some employers may begin to prepare to cut expenditures, including through a reduction in force. While not necessary under most state laws, many employers opt to...more

Fisher Phillips

IRS Addresses Lingering Employer Questions Regarding COBRA Premium Assistance and Corresponding Tax Credits under the American...

Fisher Phillips on

The American Rescue Plan Act (ARPA) provides for 100% premium assistance to certain qualified beneficiaries for continuation coverage under the Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA) for periods of...more

Mintz - Intellectual Property Viewpoints

Keeping (Trade) Secrets Amid a Reduction in Force

With the US economy officially in a recession as of June and business closures continuing due to rising coronavirus infection rates, more companies may need to conduct layoffs in the coming months. Although discharging...more

Sherman & Howard L.L.C.

Court Finds A Voluntary Severance Package May Be An Adverse Action Under ADEA

In Andrews v. Williams WPC-I, LLC et al., 4:19-cv-02200 (M.D. Penn. July 16, 2020), the U.S. District Court for the Middle District of Pennsylvania held that a severance package can be an adverse action under the federal Age...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

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

Zuckerman Spaeder LLP

Give Me One “Good Reason”: Employee Resignations and Severance

Zuckerman Spaeder LLP on

Tracy Chapman famously sang about needing “one reason to stay here.” But when severance is involved, employees may look for one reason to leave—one “Good Reason.”...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

Seyfarth Shaw LLP

Brexit: Future Proofing Your European Business

Seyfarth Shaw LLP on

The dust has now settled after the seismic shift of the UK’s vote to leave the European Union (also known as “Brexit”) on 23 June. The British Government has yet to formally trigger exit, and legal challenges are underway by...more

Baker Donelson

Don't Let the OWBPA Put a Rift in Your RIF

Baker Donelson on

Are you considering a reduction in force (RIF) that includes a severance package for employees? Are some of the employees included in the RIF over the age of 40? Before you take another step, make sure you know the...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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