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The Law of Planning and Conducting Layoffs
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This event took place on July 8, 2009 at 9:00 AM and has already passed.
June 2009
 
The Law of Planning and Conducting Layoffs
 
Program Highlights
 
What You Will Learn:
 
*Selection Issues
*Notice Issues
*Wage Issues
*Severance and Severance Agreements
*Releases
*Exit Checklists and Other Administrative Considerations
*COBRA Rights, Employee Benefits and the Effect of Recent Legislation
*Non-compete, Trade Secret, and Non-solicitation Considerations
*The Top 10 Mistakes Employers Make When Conducting a Layoff and to How to Avoid Making Them!
 
Who Should Attend:
 
*Employment Law Attorneys
*In-house Counsel
*Business Law Attorneys
*Human Resources Professionals
*Corporate Management
*Anyone Who Needs to Avoid Making Critical Mistakes When Conducting a Layoff!
 
Program Description
 
Our country is suffering through one of the toughest economic recessions in recent memory.  Tragically, many companies are being forced to lay off employees in order to survive these harsh economic times.  Attorneys assisting these companies need to give their clients practical, useful advice on the best way to conduct these layoffs to avoid liability and to ensure that both the employer and employees are treated fairly.  Plaintiff attorneys, on the other hand, need to know the “right” way for an employer to conduct a layoff so that they can evaluate the layoff-related issues in their cases effectively and accurately.
 
This program's experienced employment law instructors will help you answer the most pressing questions about the law of layoffs, including:
 
*What are the most practical approaches for downsizing your workplace in these uncertain economic times?
*What alternatives to layoffs are employers using and why?
*What steps should an employer take when planning a layoff to protect the company from liability for discrimination?
*Who does the WARN Act apply to and what does it mean?
*What are best administrative practices to use when conducting a layoff?
*What does the Older Workers Benefits Protection Act (OWBPA) require for releases in the context of a “group” termination?
*What do employers need to know about the American Recovery and Reinvestment Act of 2009 when conducting a layoff?
*What steps should employers take to keep their valuable intellectual property from leaving with their employees?
*What are the 10 most common avoidable mistakes employers make when laying off employees?
 
Whether you are in-house counsel, outside counsel, an employment law attorney, or a non-attorney professional with a need to know, you owe it to yourself, and to your client or company, to attend this valuable, practical seminar.
 
Don't Miss this Timely Program - Register Today!
 
Agenda
 
8:30 AM – 9:00 AM
Registration
 
9:00 AM – 9:05 AM
Welcome and Introduction
Extended by Barbara A. Grandjean, Esq., Program Chair
 
9:05 AM – 9:55 AM
Selection Issues When Conducting a Layoff
 
*Alternatives to a layoff (a.k.a. “reduction in force” or “RIF”)?
   -Furlough (with discussion of FLSA regulatory requirements)
   -Early retirement
   -Voluntary separations
   -Pay freezes or pay cuts
*Federal and state statutes impacting the selection process
*Red flags, including
    -Employees on medical leave
    -Employees with recent workers' compensation injuries
    -Employees who have filed recent protected complaints
    -Employees who are involved in current EEO proceedings
*Documentation of selection issues
Presented by Brett C. Painter, Esq.
 
10:00 AM – 10:30 AM
Notice of Layoff Issues
 
*The Worker Adjustment and Retraining Notification (WARN) Act
*Should layoff notice be addressed in handbooks?  Contracts?  Both?  If so, how?
*Other situations in which the employer should⁄must give notice before a layoff
Presented by Mary L. Will, Esq.
 
10:30 AM – 10:45 AM
Break (15 minutes)
 
10:45 AM – 11:15 AM
Severance and Severance Agreements
 
*Pros and cons of offering severance
*Getting an agreement in return for the severance package
*Drafting sound severance agreements without raising red flags for affected employees
*Timing of presenting a severance offer. 
*ERISA implications of severance and when to call in expert legal help
*Other matters to consider covering in the severance agreement
    -Job rehire
    -Job training
    -Non-disparagement
    -Confidentiality
Presented by Barbara A. Grandjean, Esq. and Dean C. Heizer, II, Esq.
 
11:20 AM – 12:05 PM
Releases
 
*Special age requirements
*Older Worker Benefits Protection Act (OWBPA) considerations when doing a group layoff
*Things that cannot be released
Presented by Matthew J. Rita, Esq.
 
12:05 PM – 1:20 PM
Lunch (On Your Own)
 
1:20 PM – 2:10 PM
Exit Checklists, Wage Claim Act Issues, and Other Administrative Considerations
 
*The exit checklist
    -What has to go in it
    -Why it is important, from a liability standpoint, to make sure the items in the checklist get   done
*How the Colorado Wage Claim Act is in implicated in a layoff
*Other wage and hour considerations when conducting a layoff
*Logistical issues that need to be thought about before the employee leaves
 
Presented by Daniel E. Friesen, Esq.
 
2:15 PM – 2:50 PM
COBRA , Other Employee Benefits Issues, and Update
 
*About employee health care coverage rights after termination (Consolidated Budget Reconciliation Act of 1986 - COBRA)
*The American Recovery and Reinvestment Act of 2009 (effective February 17, 2009) and how it affects COBRA rights and responsibilities
*Affects of a layoff on employee benefits plans
Presented by Dean C. Heizer, II, Esq.
 
2:50 PM – 3:00 PM
Break (10 minutes)
 
3:00 PM – 3:50 PM
Non-Compete, Trade Secret, and Non-Solicitation Considerations
 
*How separation documents can reaffirm non-compete, non-solicitation, and trade secret agreements
Presented by Lawrence M. Zavadil, Esq.
 
3:55 PM – 4:45 PM
The Top 10 Easily Avoided Mistakes Employers Make When Conducting a Layoff
Presented by Barbara A. Grandjean, Esq. and Lawrence M. Zavadil, Esq.
 
4:45 PM
Adjourn
 
Faculty:
 
Barbara A. Grandjean, Esq., Program Chair
Jacobs Chase Frick Kleinkopf & Kelley, LLC
Denver, CO
 
Daniel E. Friesen, Esq.
Hale-Friesen, LLP
Denver, CO
 
Dean C. Heizer, II, Esq.
Heizer Paul, LLP
Denver, CO
 
Brett C. Painter, Esq.
Davis Graham & Stubbs, LLP
Denver, CO
 
Matthew J. Rita, Esq.
Ford & Harrison, LLP
Denver, CO
 
Mary L. Will, Esq.
Perkins Coie, LLP
Denver, CO
 
Lawrence M. Zavadil, Esq.
Jacobs Chase Frick Kleinkopf & Kelley, LLC
Denver, CO