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Sponsored by Lorman Education
Product ID: 408059EAU
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Layoffs and Reductions in Force: Preventing Lawsuits and Avoiding Legal Liability

OnDemand Webinar (90 minutes)

Learn best practices to keep in mind when conducting a reduction in force to minimize the risk and cost to your company.In times of economic uncertainty employers must confront the potential for reductions in force. When conducting reductions in force employers face numerous avenues of liability in executing these plans and are faced with significant risks from employee lawsuits. Employers must consider not only the complex economic intricacies of a reduction in force, but also the wide scope of employment laws that could increase the risks and costs associated with reductions in force. This topic will help you understand some of these legal risks. You will learn what categories of workers these laws protect, how suits are brought and analyzed, and what practices employers can keep in mind when conducting a reduction in force to minimize the risk and cost to the employer.


Stephanie K. Rawitt, Clark Hill PLC


Big Sources of Employer Liability

• Americans with Disabilities Act

• Age Discrimination in Employment Act

• Title Vii

• Family Medical Leave Act

• Wage and Hour Violations Under FLSA

• WARN Act(s) - to Be More Thoroughly Addressed

• CBAs

• NLRA Issues If Plant Considering Unionization

Specific Theories of Liability

• Burden Shifting Framework

• Individual Disparate Treatment

• Group Disparate Impact

• Retaliation

• Protected Activity

Making the Decision

• Considering Other Options

• Determining Selection Criteria

• Designing Severance Packages

• Benefits


• Notification

• Tact Considerations

• Wage and Hour Issues

• Leave Pay out

• Implications for Unemployment

Restarting or Expanding Operations

• Notification

• Objective Selection Criteria

• PPP Loan Issues