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Layoffs and Reductions in Force: Preventing Lawsuits and Avoiding Legal Liability

Reductions in force can increase operational efficiency - make sure to protect your company from possible legal landmines.

Businesses constantly are exploring ways to reduce operating costs and increase profit wherever possible. Sometimes, such workforce reductions are necessary and must be conducted as quickly as possible. Before any such workforce reductions occur, however, employers should have a plan in place to address the many legal risks raised by such layoffs. Employers must plan reductions in force (RIF) strategically and in compliance with applicable federal and state laws if they hope to retain the financial benefits that result from workforce reductions. Lawsuits arising out of RIFs can result in significant liability for employers that may already have financial troubles. With proper planning and advice, the potential for employment discrimination claims, employee benefit claims, employee notification claims and other employment issues can be anticipated and avoided.

Runtime: 90 minutes
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Why Lorman?

Over 33 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Agenda

Overview

  • Reasons for Surge in Layoffs
  • Alternatives to Involuntary Layoffs May Reduce Risk of Claims

When Layoffs Are Unavoidable: Proper Planning May Reduce Risk of Employment Disputes

  • Planning the RIF
  • Making Key Policy Decisions - How to Select Among Employees
  • Strive for an Objective Comparison of Employees Where Job Qualifications and Skills Are Considered in Making Reductions
  • Prior to Implementing a RIF, Factors Militating Against the Selections of Certain Employees Should Be Considered
  • Employees Affected by a Staff Reduction Should Be Advised of the RIF in as Professional and Supportive a Manner as Possible
  • After the Implementation of the RIF, Remaining Employees Must Be Enlisted as Partners Committed for Future Growth

Employers Can Limit Potential Liability

  • The Older Workers' Benefit Protection Act (OWBPAbpa)
  • What Is Valuable Consideration?
  • What Information Must Be Provided to Obtain an Enforceable Waiver?
  • Can the Waiver Be Understood by the Employee Signing It?
  • Relevant Time Periods

Notice Requirements Under the Worker Adjustment and Retraining Notification Act (WARN)

  • Covered Employers
  • Plant Closing or Mass Layoff?
  • Notification Periods
  • Content of Notices
  • State and Local Notice Requirements
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Why Lorman?

Over 33 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Credits

OnDemand Course

This course was last revised on April 22, 2016.

Call 1-866-352-9540 for further credit information.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

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Why Lorman?

Over 33 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Faculty

John J. Porta

John J. Porta

Jackson Lewis P.C.

  • Principal in the Melville, Long Island office of Jackson Lewis P.C.
  • Practices exclusively in employment law and has been involved in proceedings before federal and state courts, the EEOC and the New York State Division of Human Rights
  • Has assisted in representing management against employee claims ranging from discrimination and harassment to violations of the Americans with Disabilities Act and the Family and Medical Leave Act
  • Devotes a significant amount of his practice to counseling employers in reductions-in-force, personnel decisions, the administration of employer policies and procedures, disability management in the workplace, the development of employee handbooks and related matters
  • Frequent speaker at management education programs
  • J.D. degree, Brooklyn Law School; B.A. degree, Fordham University
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Product ID: 397681
Published 2016
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