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Reductions-in-Force/WARN Act

Employers conduct workforce reductions for a variety of economic and strategic reasons.

Overview

We have the experience and in-house resources to provide effective advice and counsel on issues arising before, during and after a reduction-in-force or reorganization. Our goal is to minimize the potential for individual or class action litigation and to ensure a positive employee relations environment for remaining and future employees.

Our attorneys assist both union and non-union employers in reduction-in-force and reorganization planning and execution, including:

  • Preparation of severance and release agreements;
  • Compliance with WARN Act requirements;
  • Negotiations with unions; and
  • Impact analysis for protected groups.

We defend employers in state and federal courts and administrative agencies against discrimination, breach of contract and other claims arising from reductions-in-force and reorganizations.

The Team

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David S. Allen

David S. Allen
Principal
Los Angeles

213-689-0404
AllenD@jacksonlewis.com

Brooks R. Amiot
Office Managing Principal
Baltimore

410-415-2005
Brooks.Amiot@jacksonlewis.com

Scott T. Baken

Scott T. Baken
Principal
White Plains

914-872-6868
BakenS@jacksonlewis.com

Lori D. Bauer

Lori D. Bauer
Principal and Office Litigation Manager
New York

212-545-4025
BauerL@jacksonlewis.com

David E. Block

David E. Block
Principal
Miami

305-577-7601
David.Block@jacksonlewis.com

Mitchell F. Boomer

Mitchell F. Boomer
Principal
San Francisco

415-394-9400
BoomerM@jacksonlewis.com

Emily S. Borna

Emily S. Borna
Principal
Atlanta

404-586-1817
Emily.Borna@jacksonlewis.com

Jeffrey S. Brody

Jeffrey S. Brody
Office Managing Principal
Boston

617-367-0025
BrodyJ@jacksonlewis.com

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See AllPublications

February 26, 2015

Implications of a Partial Government Shutdown on Federal Contractors

February 26, 2015

Unless Congress approves funding for the Department of Homeland Security (DHS) before midnight on Friday, February 27, 2015, many operations at DHS will shut down, leaving affected employers with DHS contracts unable to allow their employees to continue to work under those contracts. Some background: In November 2014, President Barack... Read More

February 17, 2015

Employers' Reliance on Exception from Federal WARN Act 60-Day Advance-Notice Mandate to be Decided at Trial

February 17, 2015

While the Worker Adjustment and Retraining Notification Act (“WARN”) includes an “unforeseeable business circumstances” exception permitting an employer to provide fewer than 60 days’ notice of a plant closing or mass layoff, reliance on that exception can be risky. Moreover, should litigation ensue, an... Read More

March 25, 2014

U.S. Supreme Court Upholds Long-Standing Tax Treatment of Severance Pay

March 25, 2014

The U.S. Supreme Court has held unanimously that severance compensation paid to involuntarily terminated employees is taxable wages subject to FICA (Social Security and Medicare) taxes, sustaining the long-standing position of the Internal Revenue Service, the U.S. Tax Court and several Federal Courts of Appeals. U.S. v. Quality Stores,... Read More

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July 20, 2015
Coal Age

Erik Dullea and Penny Ann Liberman Author "WARNing! Steps to Consider Before Downsizing"

July 20, 2015

Erik Dullea and Penny Ann Lieberman authored "WARNing! Steps to Consider Before Downsizing," published in Coal Age. Subscription may be required to view article Read More