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Working Out Mitigation: Some recent issues in the form of reasonable notice and the duty to mitigate ( July 2005 )
In dealing with the dismissal of any employee, both the employee and the employer must negotiate a host of legal minefields. Two central concerns in navigating the end of the employment relationship are the employer’s duty to provide reasonable notice and the employee’s duty to mitigate the loss of his or her position. -
Employment Contracts and Severance Agreements: The Devil is in the Details ( August 2003 )
The Arizona Court of Appeals recently decided <i>Swanson v. The Image Bank, Inc.</i>, a case that illustrates the importance of getting the details right when dealing with employment documents. -
Safe Layoffs--A Systematic Approach To Downsizing ( August 2003 )
No one likes a layoff. But if you must reduce your workforce, you can reduce the risk of subsequent lawsuits by applying a systematic approach outlined in the following checklist. -
Corporate Counsel Beware: The SEC May Freeze "Extraordinary Payments" ( June 2003 )
On June 20, 2003, the Securities and Exchange Commission ("SEC") announced that it had filed securities fraud charges against the Henry Yuen, the former chief executive officer ("Yuen"), and Elsie Leung, the former chief financial officer ("Leung"), of Gemstar-TV Guide International, Inc. ("Gemstar"). -
Legislative Alert… ( March 2003 )
The Wyoming legislature began its general session on January 14, 2003. The bills that have been filed so far are a mixed bag of technical workers' compensation and unemployment insurance changes as well as a couple of unique labor-friendly proposals. As always, it's important for Wyoming employers to keep an eye on Cheyenne when the Legislature's in session. -
Effective Releases in Workforce Reductions ( March 2002 )
The drafting and use of effective releases in workforce reductions continues to be an important part of employers' planning for such events. In 1990, Congress passed the Older Workers Benefit Protection Act ("OWBPA") which contains procedural rules for obtaining effective releases of claims for age discrimination that may arise as a result of a reduction-in-force. -
Layoff Checklist ( June 2001 )
With the economy booming and unemployment low during the last few years, many companies struggled to keep and attract employees. Now with the dot-com bust and the economy on the verge of recession, companies are striving to cut costs and reduce employees. Companies now risk lawsuits from laid-off employees unhappy with their treatment. Consequently, employers should carefully consider the legal risks they face before conducting layoffs. Below is a list of topics to keep in mind. -
Taxes On Back Pay ( June 2001 )
In April, the U.S. Supreme Court ruled that a back pay award or settlement must be taxed as wages in the year in which the amount is paid and may not be attributed to the prior years for which the amount was intended to be compensation. The case involved the Cleveland Indians baseball team which paid $2.7 million in back pay to 22 baseball players for salary that should have been paid 7-8 years earlier. -
EEOC Clarifies Rules On Age Discrimination Waivers ( March 2001 )
When employers decide to reduce the size of their workforces, or to terminate an employee who is over 40 years of age, they often offer severance pay in exchange for a release and waiver of legal claims by the terminated employees. In 1990, Congress passed the Older Workers Benefit Protection Act ("Older Workers Act"), which established procedural rules employers must follow in seeking such a waiver from employees who are over 40 years of age.
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