Reductions in Force Toolkit

by Practical Law Labor & Employment

A Toolkit providing a collection of resources for employers and counsel navigating the complex process of a reduction in force (RIF). A RIF, or layoff, is a challenging event that carries significant legal risk. This Toolkit addresses key areas of employer liability, including compliance with the federal Worker Adjustment and Retraining Notification Act (WARN Act) and various state-specific mini-WARN acts that govern notice requirements for mass layoffs and plant closings. It also provides guidance on mitigating the risk of wrongful discharge claims based on theories like disparate impact, disparate treatment, and retaliation. Furthermore, this Toolkit covers essential considerations such as structuring severance agreements and ensuring proper health benefits continuation under the Consolidated Omnibus Budget Reconciliation Act (COBRA). The curated resources help employers plan and implement a RIF in a legally compliant manner, aiming to minimize potential liability.