Reductions-in-Force
Foley’s Labor & Employment attorneys counsel you on your options and obligations when adjusting the size of your workforce.
The decision to reduce the size of your work force or close plants is not an easy one to make. Our attorneys help you assess your RIF alternatives, walk you through the process, and counsel you on compliance with federal and state employment laws.
We can help you assess options that may help you avoid a RIF but still reduce your personnel-related costs, including:
- Voluntary termination/severance packages
- Voluntary early retirement
- Shortened work week (reduced hours)
- Furloughs/temporary layoffs
- Reduced wages/salaries
- Downsizing through natural attrition
- Job sharing
When your company has decided that a RIF is necessary, we can smooth the transition while helping to reduce the legal risks associated with the process. We can help ensure a systematic, consistent approach to guide your HR personnel and business leaders through the entire process — from development to execution of the RIF — in the most efficient manner possible, including:
- Pre-reduction-in-force planning (criteria/documents)
- Training business managers
- Making and documenting selections
- HR review of selection decisions
- Attorney review with HR
- Disparate impact analysis
- Disclosure preparation
- Preparation for termination meetings
- Document collection and retention
In addition, you may be required to provide a Worker Adjustment and Retraining Notification (WARN) Act notice, and also may be subject to additional state law requirements relating to plant closings. We can help. Prior to the RIF, we will work with you to ensure all the information needed to draft the WARN Act notice is available. Once that information is available, we will provide WARN Act notices within a single business day.