Shannon B. Schmoyer and Monica J. Lerma presented on the topic, “Navigating Employee Separations in Turbulent Times,” at the Schmoyer Reinhard Breakfast Briefing. The presentation focused on how many employers have been forced to reduce their workforce and how they must not only safely navigate various legal obstacles and issues presented, but also must evaluate ways in which they can prevent future disputes from arising.
The presentation provided guidance on the difficult, yet crucial decisions employers must make along the way, including whether and how to effectively terminate or layoff employees. In addition, it covered specifically the Worker Adjustment and Retraining Notification (WARN) Act for those reductions in force involving mass layoffs or plant closings and whether any additional steps, such as securing electronic records for e-discovery, are necessary. Also discussed, is when and how an employer can enforce a non-compete against a departed employee in light of the Texas Supreme Court decision, Mann Frankfort v. Fielding.