The unfortunate impact of economic stressors can result in employers evaluating changes in their workforces. Appropriately preparing management, aligning Human Resources and Legal Departments and ensuring protocol around these changes in your workforce requires experienced legal counsel to help ensure compliance, minimize exposure, and adherence to Federal and State WARN laws. We partner with employers in order to strategically evaluate and assess this process based upon their workforce size and locations to help determine their risks when needing to implement a change in their workforce. Clients trust us to help them navigate these decisions and avoid any interruption to the company’s day-to-day productivity.
Advice and Counsel on RIFs, Layoffs and Reductions in Force
We counsel employers of all sizes and industries in this area:
- Conducting disparate impact analyses for clients undergoing layoffs/furloughs to minimize risks of discrimination claims resulting from said layoffs/furloughs.
- Assisting clients with determining whether they have a justifiable business case for deciding whom to terminate, and ensuring that unlawful reasons are not part of the decision-making process.
- Preparing legally-required written notices to employees regarding layoffs/furloughs.
- Preparing legally-compliant separation agreements, in accordance with applicable states/local laws.
- Drafting multi-state separation agreements, with consideration towards state-specific requirements for identifying state laws in releases, as well as state law requirements for releasing unknown claims, required limitations on the scope of clauses relating to releases, confidentiality, and disclosure of unlawful employment practices, state law consideration and revocation periods, and state law disclosure requirements. This includes the review of no rehire clauses, and payment of accrued unused vacation.