RIF’s and the White-Collar Ripple Effect: Internal Investigations, Avoiding Backlash, and a RIF Compliance Checklist

October 24, 2023 2:30pm

Jonathan Kurens
Senior Vice President
Marsh USA Inc.

Joe Kelly
Senior Vice President, Commercial Management Liability
Sompo International

  • Internal investigations around what will trigger EPL coverage amid a decrease in staff
  • White-collar layoffs: Identifying particular insider risks
    • Investigating non-competes
    • Preventing data breaches
    • Protecting intellectual property
    • Skeletons in the closet often uncovered when amid executive-level layoffs
  • Mediation and arbitration requirements for potential retaliation around:
    • Sexual (or other workplaces) harassment
    • Wrongful termination
    • Failure to employ or promote
    • Breach of terms of employment contract
    • Negligent evaluation
    • Wrongful discipline, bullying
    • Wrongful infliction of emotional distress
  • Navigating jurisdictional employee protection nuances and pitfalls
  • Maintaining inter-departmental communications around layoff protocols: Awareness of coverage, record-keeping, gaining advice from internal EPL counsel
  • Updating and circulating employee off-boarding procedures
  • Fundamentals for checking all the legal compliance boxes in designing and implementing RIF programs