Last week, the NLRB issued a landmark decision in McLaren Macomb that is already shaking up how private employers (both unionized and non-unionized) should consider severance agreements.
My colleagues have the full recap of the decision over at our sister blog, Employment Law Letter, from Friday and I highly recommend reading that first.
The key
Imagine, hypothetically, that you are the head of a massive technology company. You decide one day that you want to layoff, say, 50 percent of the workforce tomorrow while offering employees a severance agreement. What should you know?
My colleagues, Gabe Jiran and Keegan Drenosky, did a whole webinar on the subject last month that
Lately, I’ve been talking with more employers about permanent reductions in force.
It’s not fun.
And it’s not something I thought we’d be talking about 3 months ago, and yet it’s not foreign to me either.
In fact, I spent several of my earliest posts here on this exact topic.
As I talk with employers
Before I even begin this post, let me advance the disclaimer right off the bat: Despite the title of this post, there is no sure-fire way to fire an employee without getting sued.
Indeed, the title is a bit of a misnomer. It’s often been paraphrased that anyone can sue anyone else for anything at
My good friend, Jon Hyman of the Ohio Employer’s Law Blog, probably said it best this morning:
I try to shy away from hyperbole, but OH MY GOD, THIS CASE COULD BE RUINOUS!!!
Yeah, pretty much.
So, if you — like me — have been
A few days ago, I came across a thoughtful post from Work Matters, a longtime blog run by Michael Maslanka.
In it, Mike describes a clause in a settlement agreement to get around an issue that sometimes arises — how do you minimize the
The situation is a common one.
But here’s where things get
In a hearing earlier today, the Equal Employment Opportunity Commission discussed the "devastating impact" that age discrimination has on workplaces and employees.
For employers, however, the most notable item from the hearing was the release of new technical guidance regarding separation agreements and the waivers of age discrimination claims contained in such agreements. You can
With all the talk about layoffs, separation agreements have moved front-and-center to the discussion on how companies can reduce their liability exposure.
But how much severance should a company offer to its employees when laying them off?
There is, of course, no set rule in Connecticut — or the United States — on how much severance
In this job environment, companies are tending to use severance agreements as a way to limit their exposure to lawsuits down the road, and part ways with employees on as amicable a basis as possible.
I’ve previously written some the legal issues that arise with layoffs and severance agreements. But often times, the agreements