News & Analysis as of

Severance Agreements Hiring & Firing

Constangy, Brooks, Smith & Prophete, LLP

Bad luck for this employer with separation agreement

But, then, don't we make our own luck? Happy Friday the 13th, aka Valentine’s Day Eve. I don't love what this employer did, so I'm going with Friday the 13th. A legal assistant in Santa Fe, New Mexico, who was...more

Fisher Phillips

New Year, New Labor Board: What Employers Should Expect from the NLRB in 2026

Fisher Phillips on

As employers head off for the holiday season, Washington delivered a long-awaited gift: a newly reconstituted National Labor Relations Board. Late Thursday night, the Senate confirmed two new NLRB Board members and Crystal...more

Cooley LLP

Reductions in Force in the US – Considerations and Best Practices

Cooley LLP on

Conducting a reduction in force (RIF) is one of the most challenging and sensitive actions a company can take. They are inherently emotional, exhausting and distressing. ...more

Littler

New Zealand Moves to Allow Mutual Employment Termination Discussions, Drawing on UK Model

Littler on

New Zealand is set to introduce a framework that would allow employers and employees to end contracts by mutual agreement, a move taking inspiration from the UK’s long-standing “protected conversations” regime....more

Dentons

Reductions in Force, Layoffs, and Terminations: A Practical Guide for Employers

Dentons on

Statistically employers report that they are facing an increasingly high level of reductions in force, layoffs, restructurings and one-off terminations, not necessarily related just to performance, but also on business needs...more

Foley & Lardner LLP

Benefits Basics – When an Employee is Dismissed: A Resource Guide for HR & Benefits Professionals

Foley & Lardner LLP on

When an employee’s employment ends – whether due to a routine layoff, a negotiated separation, or an unexpected termination for-cause – human resources and legal teams must coordinate quickly and carefully. The departure of...more

Fox Rothschild LLP

The Million Dollar ChatGPT Mistake

Fox Rothschild LLP on

I’m still haunted by the call that started my morning early Thursday. A new client needed help with the termination of an executive, immediately. Now, my spidey senses perk up whenever a client calls with a same-day...more

Offit Kurman

Non-Disparagement Tips for Employers

Offit Kurman on

Attorneys Sarah Sawyer and Russell Berger from Offit Kurman discuss the nuances of non-disparagement clauses in separation agreements. They explain the difference between disparagement and defamation and emphasize the...more

Foley & Lardner LLP

Considering a Reduction in Force? Some Preliminary Considerations

Foley & Lardner LLP on

Employers sometimes find it necessary to make the difficult decision to undergo a reduction-in-force (RIF), resulting in employee layoffs and/or terminations. Before moving forward with an RIF, employers should develop an...more

Fisher Phillips

End of NY Legislative Session Leaves Employers Watching Key Workplace Bills

Fisher Phillips on

New York’s two-year 2025-2026 legislative session hit its midpoint in June, with lawmakers wrapping up the first year by passing a slew of workplace-related bills that now await action from Governor Hochul. As federal labor...more

Offit Kurman

Handling References and Referrals While Safeguarding Your Business

Offit Kurman on

In this episode of OK at Work, attorneys Sarah Sawyer and Russell Berger discuss important considerations for employers regarding employee references and referrals. Businesses need a centralized response system and a...more

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

Considerations for Life Sciences Employers When Planning Reductions in Force

Life sciences employers have been impacted by various market forces in the last several years, and the recent economic turbulence is only adding to the challenges they face....more

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

Canada Implements Temporary Employment Insurance Measures Responsive to Economic Impacts of Trade War

The federal government of Canada recently amended the Employment Insurance Act, implementing temporary measures to address the economic impacts of tariffs imposed by the United States. ...more

Troutman Pepper Locke

2025 NLRB Forecast: What Employers Should Expect Under President Trump's Administration

Troutman Pepper Locke on

On January 27, 2025 — seven days after he was sworn in — President Trump fired Gwynne Wilcox, a Democratic member, and former Chair of, the National Labor Relations Board (“NLRB” or the “Board”). Although Wilcox’s term was...more

Fisher Phillips

New York Poised to Expand Severance Agreement Rules: Key Employer Takeaways

Fisher Phillips on

Employers would have to give all employees in New York time to review and revoke severance agreements under a bill that just passed the state Senate on March 4. The No Severance Ultimatums Act now moves to the Assembly, and...more

Foley & Lardner LLP

Are Workforce Reductions Coming to the Private Sector? And, if so, How Should Companies Handle Them?

Foley & Lardner LLP on

Massive federal workforce reductions (once a rare event) have been featured prominently in the news lately, along with reports of criticism about the way they are occurring. Will private companies follow suit? Some economic...more

Littler

Ontario, Canada Court Finds Employer Repudiated Employment Agreement When it Failed to Pay Employee’s Contractual Severance

Littler on

In Timmins v. Artisan Cells, 2025 CanLII 2387, Ontario’s Superior Court of Justice found, in an undefended claim, that the employers “by their correspondence and actions” repudiated the employee’s employment agreement when...more

McNees Wallace & Nurick LLC

Voluntary Buyouts:The Pros and Cons

Yesterday, the Trump Administration announced that it offered voluntary buyouts to over two million federal employees.  Employees who voluntarily resign their position will receive payments equal to approximately eight months...more

Parker Poe Adams & Bernstein LLP

Noncompetes Included in Separation Agreements May Not Survive Legal Challenge

When preparing employee separation or severance agreements, we are occasionally asked by clients whether they can include a noncompetition restriction as part of the severance offer, even in situations where no noncompete was...more

Conn Kavanaugh

When Employers Should Seek Employment Counsel: 7 Key Scenarios

Conn Kavanaugh on

Navigating employment laws can be challenging for businesses in Massachusetts. From hiring to termination, understanding this complex legal landscape is crucial to avoid costly mistakes. This article highlights seven key...more

Fisher Phillips

Las indemnizaciones por despido en Alemania: Mitos, Realidades y Acciones

Fisher Phillips on

Aunque muchos lo desconocen, los empleados en Alemania no tienen en automático un derecho a una indemnización por despido. Sin embargo, la ley ofrece oportunidades para obtenerla bajo ciertas condiciones. Este artículo...more

Fisher Phillips

Demystifying Severance in Germany: Key Strategies for Smooth Exits

Fisher Phillips on

Navigating severance in Germany can be challenging for U.S. employers, as it involves strict legal frameworks, works council negotiations, and potential financial risks. While severance pay isn't automatically guaranteed,...more

Epstein Becker & Green

#WorkforceWednesday®: FTC Exits Labor Pact, EEOC Alleges Significant Underrepresentation in Tech, Sixth Circuit Affirms NLRB...

Epstein Becker & Green on

This week, we’re spotlighting the Federal Trade Commission’s (FTC’s) decision to withdraw from a federal labor pact; the Equal Employment Opportunity Commission’s (EEOC’s) report on alleged underrepresentation in science,...more

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

Three Key Considerations in Crafting Effective Multistate Separation Agreements

One of the main reasons for a separation agreement with an employee is to obtain an effective release of claims against the employer. However, ensuring release agreements are effective and enforceable is becoming increasingly...more

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

Laid-Off Workers Gain Influence on Social Media, Raising Concerns for Employers

Waves of mass layoffs during the past two years have generated a new trend: layoff influencers who use social media to vent feelings, get assistance with a job search, and find community with other laid-off workers. This...more

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