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Managing the Modern Workplace
V&E International Labor & Employment Resources

  • 03
  • October
  • 2019

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Don’t Forget WARN Warnings When Reducing Head Count

We have not talked much about the Worker Adjustment and Retraining Notification Act (“WARN”) in recent years both because unemployment has been low and we have not seen many plant closings or mass layoffs that would trigger WARN. But much like solar eclipses and cicadas, the frequency of WARN events is cyclical, and, during the last couple of months, several of my colleagues and I have found ourselves having more conversations about WARN than we have had in the last few years. So this might be a good time to review the basics of the federal plant closing law that went into effect some 30 years ago.

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  • 04
  • September
  • 2019

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Less Documentation May Sometimes Be Better When Letting People Go

More often than not, when employers make a decision to terminate someone, multiple factors influenced the decision. Yes, the proverbial “straw that broke the camel’s back” may have been the employee’s recent string of unexcused absences, but perhaps the terminated employee had other problems as well. Had the employee been a star performer who worked well with everyone, his immediate supervisors may have overlooked the absences, or opted for a warning as opposed to the ultimate penalty.

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National Employer Gets Tangled up by Differing State Standards

Recent headlines involving Buzzfeed News highlighted the challenges that multi-state employers can have when some of their employees are subject to more employee-friendly state laws than others. When Buzzfeed recently laid off 15% of its workforce, it initially announced that, consistent with applicable local laws, it would only pay out unused but accrued vacation time for those employees located in states that required such payment.

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Contributors

Thomas H. Wilson

Thomas H. Wilson Partner

Christopher V. Bacon

Christopher V. Bacon Counsel

Sean Becker

Sean Becker Partner

Stephen M. Jacobson

Stephen M. Jacobson Partner

Martin C. Luff

Martin Luff Counsel

Lawrence S. Elbaum Partner