Downsizing and WARN Act

Tough times often force employers to make tough decisions on the size and extent of their workforce. Barnes & Thornburg attorneys have counseled clients on how best to navigate the mine fields present when a reduction in force (RIF) is necessary.

We have worked with clients on how to best plan for and execute downsizing, including:

  • Planning layoffs to comply with the Worker Adjustment and Retraining Notification (WARN) Act
  • Giving notices, including required disclosures, in a WARN Act situation
  • Drafting severance and release agreements
  • Analysis of potential withdrawal liability issues in unionized environments
  • Negotiating with unions over organized employers’ downsizing

Barnes & Thornburg attorneys also advise clients on the proper ways to create and use evaluation tools that will result in the selection of workers for termination in a RIF, using procedures that are compliant with federal and state anti-discrimination laws.