Verrill’s RIF/WARN Act Team

The attorneys in Verrill’s RIF/WARN Act Team have extensive experience helping employers across many industries successfully plan for and implement employee reductions in force (RIFs). RIFs may be necessary due to an economic downturn, a change in the client’s business operations, or a corporate transaction. Regardless of the cause, our attorneys are adept at assessing the applicability of and compliance with the Older Workers Benefit Protection Act (OWBPA), the Worker Adjustment and Retraining Notification Act (WARN), and individual state laws to client RIFs.

Our attorneys can assist and advise with:

• advice for initial RIF planning and development of client-specific RIF strategies;
• the consideration and selection of employee eligibility factors for clients’ early exit incentive plans and advising clients’ decision-makers on employee selection;
• selected employee group adverse impact analysis conducted under the attorney-client privilege and advice and recommendations to review and address potential disparate impact situations;
• WARN Act coverage issues, triggering events, look-back and look-forward periods, employee notice requirements, preparation of WARN-compliant notices and required communications with government officials and agencies;
• ERISA, employee benefit plan, and federal tax code issues arising from RIFs, facility/plant closings, and mass layoffs;
• review and advice concerning the impact of RIF selections on executive employment agreement “Good Reason” early termination triggers; and
• preparation of OWBPA-compliant employee separation and release agreements, the information disclosures for employees over age 40, and provisions compliant with specific state laws governing confidentiality/non-disclosure restrictions and rules for obtaining enforceable releases;

Our RIF/WARN Act Team is focused on ensuring that clients’ planned cost savings and restructuring efforts are not offset or impaired by legal claims, defense costs, settlement payments, and damage awards arising from RIF missteps.