News & Analysis as of

Termination Involuntary Reduction in Force

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

Jackson Lewis P.C.

IRS Answers To Your American Rescue Plan Act COBRA Subsidy Questions

Jackson Lewis P.C. on

In much-anticipated guidance, the Internal Revenue Service has offered its insight on the implementation of the COBRA temporary premium subsidy provisions of the American Rescue Plan Act of 2021 (ARPA) in Notice 2021-31...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

Bass, Berry & Sims PLC

Workforce Reduction Options Amid COVID-19

Bass, Berry & Sims PLC on

The economic repercussions of COVID-19 have been immediate and in many cases, debilitating, to American business across all industries, from food & beverage to manufacturing to healthcare. Challenges faced include...more

Proskauer - Whistleblower Defense

Mississippi Federal Court Denies Summary Judgment on SOX Whistleblower Claim

On February 12, 2018, the United States District Court for the Northern District of Mississippi recently denied a motion for summary judgment in a SOX whistleblower claim where the defendant company alleged that it terminated...more

Zelle  LLP

What GCs Need to Know About Reductions in Force

Zelle LLP on

Reductions in force (“RIFs”) are group terminations, usually driven by the financial condition or business needs of the employer. An employer’s General Counsel, even though responsible for protecting the employer from legal...more

Parker Poe Adams & Bernstein LLP

A Reminder to Employers That FLSA Claims Cannot Be Waived in Most Circumstances

When an employer signs a general release of claims with a former employee, it expects that the agreement and the consideration provided will prevent future legal claims. However, certain actions, such as Workers’ Compensation...more

Porter Hedges LLP

Business Litigation Alert: "Legal Considerations During Massive and Quick Layoffs"

Porter Hedges LLP on

Class Action Lawsuit Recently Filed Against Drilling Company for Alleged WARN Act Violations - The Worker Adjustment and Retraining Notification Act (“WARN”) requires certain companies who conduct large and quick...more

Constangy, Brooks, Smith & Prophete, LLP

Employers, Don’t Be Caught In The “Bogus RIF” Trap!

I was disappointed earlier this week to see a consultant quoted in an otherwise good article in the Wall Street Journal – “Employee Theft Often Leads Small Firms to Make Bad Choices” — as advising the “bogus RIF” strategy...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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