Layoffs Are Painful – and Legally Risky
No matter what you call it - layoffs, a reduction in force, downsizing, rightsizing - letting employees go during a recession is the most difficult and painful challenge many managers will ever face.
There’s nothing more disheartening than sitting across the table from (or standing in a crowded room filled with) your valued workers who’ve done nothing wrong except get caught in today’s rollercoaster economy - and telling them they’re about to lose the paychecks they count on.
You’re not alone. Federal regulators have tracked more than 37,000 “mass layoff events” (in which at least 50 workers have been laid off at the same time) between December 2007 and May 2009. And a spring 2009 survey of U.S. chief financial officers reports that three in five CFOs expect more headcount cuts in the near future.
The actual layoffs are only half the battle, though, because their aftermath can destroy the morale and productivity of the workers left behind. Plus, if you don’t plan and execute the layoffs carefully, you could expose your organization to a huge laundry list of potential legal risks and claims, from discrimination complaints to WARN Act and Older Workers Benefit Protection Act (OWBPA) violations.
Order this intensive virtual boot camp recording on dealing with layoffs in your organization. In under 6 hours, you and your supervisors will learn the logistics of dealing with reductions in force and avoiding the associated legal risks and pitfalls.
You can have your supervisors stay for all five sessions, or swap them in and out so that they’re attending just the sessions you want them to focus on (if you’d like to sit in as well, you can earn up to 5 hours of HRCI credit). Each session will include about 45 minutes of presentation time
Best of all, you can train your entire team for one low registration rate. It’s incredibly cost-effective training—perfect for these tough economic times.
Webinar Schedule
Layoffs 101: Anticipating, Planning For, and Carrying Out Reductions in Force
- The best methods for deciding who stays and who goes in a layoff
- Best practices for documenting, scheduling, and communicating layoffs to your employees
- How to control layoff rumors and manage emotions among your workforce
- The most common mistakes employers make in layoffs - and how you can avoid repeating them
- Protecting trade secrets and important business relationships
The Legal Risks of Layoffs: How to Avoid Lawsuits and Claims Filed by Departing Employees
- The key federal laws (e.g., WARN, ADEA) that could pose legal risks when you let workers go
- Complying with wage and hour laws regarding final pay
- Vesting of stock options and other benefits
- What complications you may face from state laws and local ordinances governing layoffs
- The red flags regulators look for when workers complain about being laid off
- Immigration – obligations to employees on H1B visas
Post-Layoff Dangers, Part 1: Easing the Transition for Laid-Off Employees
- How to use severance agreements and waivers to reduce your legal liabilities
- When it makes sense to offer severance pay and other financial support
- Dealing with the latest changes in COBRA rules
- How you can help laid-off workers conduct job searches and find work
- The warning signs that ex-employees may pose workplace violence risks
Post-Layoff Dangers, Part 2: Keeping Morale Up for Remaining Employees
- What steps you can take to preserve morale in your workplace after a layoff
- Retention strategies to keep your best workers from jumping ship
- How to manage rumors that more layoffs may be in the works
- Preparing your workforce for wage freezes and benefits cuts in lieu of layoffs
Hot Topics: Train Your Supervisors to Deal with Layoffs
- What frontline managers need to know about handling reductions in force
- How to brief supervisors about the legal risks involved in layoffs
- Giving your managers the tools needed to maintain morale in the wake of layoffs
- Other layoff issues that you should address with your supervisors
About Your Speakers
Margaret J. Grover, Esq., is the lead partner in the employment practices group of the ALFA International law firm Haight, Brown & Bonesteel, LLP (Los Angeles). She focuses her practice exclusively on employment counseling and litigation and regularly advises clients on a wide range of employment issues. She also has substantial experience in all phases of employment litigation and has successfully defended employers in claims for wage and hour class actions, discrimination and harassment claims, and other matters. A former law professor at the University of California at Berkeley, Grover is a frequent speaker and author on employment law issues. She earned her J.D. degree from Case Western Reserve University.
Susan K. Eggum, Esq., is a partner in the AFLA International law firm Cosgrave Vergeer Kester LLP (Portland, Ore.). She represents entities and individuals in bringing and defending actions in state and federal courts arising from age discrimination, sexual harassment, breach of contract, wrongful discharge, and whistle blowing. She is a very frequent speaker for bar associations and at Oregon's Trial Advocacy College. She earned her law degree from Georgetown University.
Carol B. Ervin, Esq., is a partner in the ALFA International law firm Young Clement Rivers, LLP (Charleston, S.C.), where she serves as chair of the firm's employment law practice group. She is an experienced trial attorney and focused her practice on the representation of business in employment law and litigation. Ervin is certified by the South Carolina Supreme Court as a specialist in labor and employment law. She is past chair of the ALFA International Labor and Employment Practice Group, a past member of the ALFA board of directors, and a fellow in the American College of Trial Lawyers. She earned her law degree from Duke University.
Warne S. Heath, Esq., is a partner in the ALFA International law firm Bradley Arant Boult Cummings, LLP (Birmingham, Ala.), where he practices primarily in the fields of labor and employment law and general litigation. He has handled a broad range of civil litigation at the both the trial and appellate levels. Heath defends federal employment discrimination claims, including claims of race, sex, disability, and age discrimination. Also, he handles workers' compensation and employment claims predicated on state law tort and contract theories. He earned his law degree from the University of Alabama.
Schaun D. Henry, Esq., is a partner in the ALFA International law firm McNees, Wallace & Nurick LLC (Harrisburg, Pa.), where he provides representation and counseling to employers on a wide range of federal, state, and local labor and employment matters. He offers guidance for employers on unfair labor practices and other labor relations issues, as well as representation for employers at labor arbitrations and negotiations. Also, he has lectured extensively on many of these topics and has conducted training sessions for human resources professionals as well. He earned his law degree from the Dickinson School of Law.
Sarah H. Lamar, Esq., is a partner in the ALFA International law firm Hunter, Maclean, Exley & Dunn, P.C. (Savannah, Ga.). She serves currently as vice chair of ALFA International. Lamar has experience representing employers in state and federal courts with respect to claims under Title VII, the Age Discrimination in Employment Act, the Americans with Disabilities Act, the Family and Medical Leave Act, and the Fair Labor Standards Act. Also, she represents employers with respect to breach of contract and tort claims, conducts in-house training for employers, and advises clients on a variety of human resource issues. She earned her law degree from Emory University.
Colleen P. Lewis, Esq., is a partner in the ALFA International law firm Dinsmore & Shohl LLP. As part of the firm's labor and employment law department, she defends private and public employers on a wide array of traditional labor and employment issues, including discrimination and civil rights issues, leave compliance, disability compliance, breach of employment contracts, employment-at-will disputes, wage and hour claims and National Labor Relations Act compliance. Her practice encompasses both national and regional representation of clients in state and federal courts, and she has handled labor and employment matters in 13 states. She earned her law degree from Northern Kentucky University.
Theresa Smith Lloyd, Esq., is a partner in the ALFA International law firm Plunkett Cooney, P.C. (Bloomfield Hills, Mich.), where she chairs the firm's labor and employment law department. She represents employers in state and federal courts and in administrative proceedings in the defense of employment discrimination lawsuits, wage and hour claims, and other employment matters. Also, Lloyd assists in developing and implementing labor relation strategies and drafts employee contracts, non-compete agreements, and employee manuals. Her practice also includes providing training on best practices for hiring, discipline, termination, and sexual harassment, and she lectures frequently on labor and employment matters. Lloyd earned her law degree from the Detroit College of Law.
Thomas J. Lyons, Esq., is a partner in the ALFA International law firm Hall & Evans, LLC (Denver). His trial practice emphasizes the defense of employment, discrimination, and federal civil rights matters as well as employment contract and related disputes, along with other claims involving Colorado businesses and public entities. His background includes multiple jury trials in both state and federal courts, including trials of Title VII, ADEA, Rehabilitation Act, and other federal and state employment claims. Lyons also participates in administrative proceedings, including proceedings before the U.S. Equal Employment Opportunity Commission and other business and professional regulating agencies. He earned his law degree from the University of Colorado.
Jennifer Z. Morris, Esq., is an associate in the ALFA International law firm Higgs, Fletcher & Mack LLP (San Diego). She represents and advises businesses in employment disputes, ranging from wage and hour laws and wrongful termination to misappopriation of trade secrets and proprietary information. Also, she handles a variety of general business litigation matters. She earned her law degree from the University of Southern California.
Ronald G. Polly, Jr., Esq. is a partner in the ALFA International law firm Hawkins & Parnell, LLP (Atlanta), where he serves as chair of the firm's labor and employment department. Also, he is chair of ALFA International's Labor & Employment Practice Group. His practice is exclusively devoted to management-side representation in all phases of labor and employment law. He has extensive experience in connection with drafting, negotiating, and litigating employment agreements, including covenants not to compete. Polly is a frequent speaker on employment-related issues. He earned his law degree from the University of Kentucky.
Katherine M.L. Pratt, Esq., is special counsel to the ALFA International law firm Hall & Evans, LLC (Denver). She handles trial-level litigation and civil appeals in the areas of employment discrimination, civil rights, public entity law, constitutional law, professional liability, and other commercial and civil litigation. Pratt earned her law degree from Loyola University Chicago School of Law.
Approved for Recertification Credit
This program has been approved for 5 recertification credit hours toward PHR and SPHR recertification through the Human Resource Certification Institute (HRCI). For more information about certification or recertification, please visit the HRCI homepage at www.hrci.org. The use of this seal is not an endorsement by HRCI of the quality of the program. It means that this program has met HRCI’s criteria to be pre-approved for recertification. credit.
