Law360 Quotes David Van Pelt on Litigation-Proof RIFs
November 19, 2018
Starbucks is one of the prominent companies making headlines for its recent announcement that it will lay off hundreds of employees, highlighting the fact that America’s largest and best-known companies are still willing to engage in large reductions in force (RIFs) to improve their bottom line, even during prosperous economic times. In the Law360 article “5 Tips To Help Employers Bulletproof Their RIFs,” special counsel David Van Pelt underscored the importance of handling RIFs consistently to sidestep potential legal claims. According to David, “Companies always have to be very concerned that any kind of reduction doesn’t give the appearance of targeting a particular group.”

One important tip for employers is to know exactly which laws governing RIFs may come into play. For example, the federal Worker Adjustment and Retraining Notification, which covers businesses with at least 100 workers, generally requires businesses to give workers 60 days advance notice of pending mass layoffs or plant closings. “Those are ones that sometimes employers won’t pay attention to, and then at the last minute they realize they were supposed to give 60 days’ notice to employees, and then what do you do? That should be foremost in employers’ minds,” David commented.

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