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Hiring & Firing Layoffs Age Discrimination

Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and... more +
Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and can create tremendous liability for employers who fail to properly adhere to acceptable employment practices. Some of the potential pitfalls in this area stem from discriminatory hiring practices, improper performance evaluations, and retaliatory firings.  less -
Foley & Lardner LLP

Considering a Reduction in Force? Some Preliminary Considerations

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Employers sometimes find it necessary to make the difficult decision to undergo a reduction-in-force (RIF), resulting in employee layoffs and/or terminations. Before moving forward with an RIF, employers should develop an...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Subjective Criteria For Hiring Decisions Or Rifs May Be Problematic

Mergers and acquisitions bring lots of financial opportunity, but they can sometimes result in upheaval in the workforce as the new entity determines whether it will operate business differently from its predecessor. If the...more

Fisher Phillips

7 Steps Employers Can Take While Rehiring to Avoid COVID-19 Discrimination Workplace Lawsuits

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A former employee of a prominent midtown Manhattan boutique hotel filed a class-action age discrimination lawsuit against her former employer, alleging the hotel failed to rehire her or other older employees after reopening...more

Seyfarth Shaw LLP

Age and “Sex-Plus” Discrimination Claims Against Casino Highlight Considerations To Avoid Gambling When Implementing Layoffs

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Seyfarth Synopsis: In Frappied v. Affinity Gaming Black Hawk, LLC, 966 F.3d 1038 (10th Cir. 2020), the Tenth Circuit reversed dismissal and summary judgment in favor of Affinity Gaming Black Hawk, LLC (Affinity) on three of...more

Fisher Phillips

3 Steps To Make Sure Your COVID-19 Decisions Don’t Lead To Wrongful Termination Lawsuits

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Employers across the country continue to be challenged with difficult decisions about their workforce in the wake of COVID-19, including decisions about employee layoffs and returning employees to the worksite. As businesses...more

Fisher Phillips

Emerging Trends In COVID-19 Workplace Litigation

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As of this writing, employees from across the country have filed more than 430 COVID-19-related lawsuits against their employers and former employers. Not all of these claims have focused on the Family First Coronavirus...more

Epstein Becker & Green

Contrary to EEOC Pandemic Guidance, New York City Warns Employers Against Preferential Treatment of Older Workers

Employers are struggling to find a new normal in light of the ongoing pandemic. They are grappling with reopening businesses, implementing reductions in force and furloughs, and filling new employment needs through hiring and...more

Troutman Pepper Locke

ADEA Waivers Must Be Written in Plain Language to Be Enforceable

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Q. I’m the HR Director of a large company that is planning a reduction in force in one of our divisions. We intend to offer early retirement incentives to some of the individuals, contingent on them signing an agreement to...more

Seyfarth Shaw LLP

Florida Federal Court Grants Conditional Certification In ADEA Collective Action Following Employer’s Reduction-In-Force

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Seyfarth Synopsis: Following an employer’s reduction-in-force that ultimately led to an ADEA collective action after several employees over 50 years old were terminated, a federal district court in Florida recently granted a...more

Foley & Lardner LLP

It Pays to Pay Attention to Impact When Considering Layoffs

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Unfortunately, many employers from time to time face the need to restructure or downsize their workforce. While the business climate or customer needs are often the driving force in a restructuring or layoff, there are a...more

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