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’ decisionmakers 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 cancelled out or impaired by legal claims, defense costs, settlement payments, and damage awards from RIF missteps.

Employment & Labor Attorneys

Employee Benefits & Executive Compensation Attorneys

Firm Highlights

Blog

Retiree Medical Coverage: Just Get the COBRA Waiver

The interaction between employer-provided retiree medical coverage and COBRA [1] is complex. Many employers incorrectly assume they do not have to offer COBRA at retirement if they offer a retiree medical plan or a...

Publication/Podcast

Five Recommended Practices for ERISA Retirement Plan Administrative Fiduciaries

Verrill’s Employee Benefits & Executive Compensation Group is often asked about “best practices” for benefit plan administration and whether we can provide any resources to help plan sponsors and fiduciaries improve compliance with the...

Publication/Podcast

Corporate Transparency Act regulations will go into effect soon and will affect almost all startup companies

On August 18, the Maine Venture Fund published an article by Verrill Partner Gregory Fryer, “Corporate Transparency Act regulations will go into effect soon and will affect almost all startup companies.” In the article...

Matter

Successful Representation of Insurer before U.S. District Court for the District of Maine

Verrill successfully represented an insurer before the U.S. District Court for the District of Maine in an insurance coverage matter alleging that the insurer improperly denied a defense and indemnification to a landlord under...

Matter

Elections and Constitutional Law: Successfully Challenged Certification of Initiative Petition

In a victory for consumers and the ride-hailing public, the Massachusetts Supreme Judicial Court recently barred the Secretary of State from placing on the November ballot initiative petitions proposed by companies such as Uber...

Event

Conducting Workplace Investigations

Join Verrill’s Erik Peters and Elizabeth Johnston on Wednesday, October 18, for Conducting Workplace Investigations. When and why should you open an investigation? Who is the best person to conduct it? Should you handle...

News

82 Verrill Attorneys Recognized by Best Lawyers® 2024, Including 10 Named Lawyers of the Year

Blog

How AI Can Alter Skill Contests

AI could very well be today’s “Modern Prometheus” in the world of skill contests. Earlier this year, the AI-generated photograph “The Electrician” was a finalist in the World Photograph Organization’s Sony World Photograph Awards...

Event

Annual Update: The Legal Year in Review

More details coming soon!

News

Gratitude for Anya Endsley

Contact Verrill at (855) 307 0700