Labor & Employment Issues in Business Transactions

It is not uncommon for employment issues to arise as an integral part of various business transactions. Some of the most complex issues will arise in the sale, purchase, merger, acquisition, affiliation, relocation, plant closing, or other transference of an ongoing business entity. Our attorneys work closely with the Firm’s M&A attorneys to produce strategic planning in mergers and acquisitions.

In these business transaction matters, our Labor & Employment attorneys regularly assist with Human Resources issues in:

  • Conducting due diligence
  • Managing layoffs, plant closings, and reductions in force
  • Drafting appropriate WARN Act notifications to employees and governmental agencies
  • Workforce restructuring, including review of impact upon EEO plans
  • Reviewing any potential discriminatory impact from the business transaction
  • Preparing incentive plans and agreements to help retain and motivate key individuals
  • Counseling and representing clients in related union negotiations
  • Crafting severance plans and severance agreements
  • Reviewing/drafting employment, non-compete, and termination agreements that are legally defensible and protect employers from future litigation
  • Ensuring appropriate COBRA notifications are distributed
  • Handling state and local Unemployment Compensation matters




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