It has never been more important for employers to make the best possible workforce restructuring decisions. Under unprecedented circumstances, employers must act quickly – while also planning carefully – for both short-term and long-term success and growth in a rapidly changing landscape. While making these critical decisions, employers must assure that they use a fair and non-discriminatory selection process.

Employers considering restructuring decisions many times leave critical factors unaddressed in the planning phase of that process. Instead of proactively planning for a workforce restructuring – and having the evidence to back it up – companies take a reactive, myopic view of their liabilities. Employers may also miss the opportunity to plan ahead for bringing select employees back into their workforces.

To drive stronger business decisions and help minimize risk, Littler has established a holistic solution that leverages our deep bench of attorneys with extensive experience in this area.  Backed by cutting-edge technology, Littler is able to deliver a proactive, strategic, and defensible approach to workforce restructurings.

Here’s how it works:

1) Consultation. The process starts with an initial consultation to understand your business objectives and provide counsel on defensible approaches for achieving those goals. At this early stage, our attorneys provide valuable counsel based on decades of experience helping employers plan, devise, and execute complex workforce restructurings that align with specific business needs, while complying with the myriad of federal, state, and local regulations.

2) Analysis. Next, we use our proprietary technology to analyze employee-related data and selection criteria. In a privileged context, our lawyers conduct an adverse impact analysis using embedded filters to provide a real-time picture of how specific selections may lead to certain impacts.  This happens in minutes, not hours or days. Our technology allows employers to quickly evaluate selection criteria in ways that help implement a fair selection process, limiting future liability while advancing the company's short-and long-term business objectives.

3) Execution. With the statistical analysis in hand, our experienced attorneys discuss the results and help establish and execute a strategy for workforce reductions. In some circumstances, such as where a company has conducted a temporary furlough, our proprietary tool can be used to plan for the eventual return of employees. If a reduction-in-force is contemplated, we can provide compliant templates and forms for OWBPA disclosures and WARN notices/releases, as well as preserving an appropriate evidentiary record.

With Littler’s Restructuring Assessment Solution, we partner with clients to provide practical guidance throughout the restructuring process – at a speed that matches their most pressing needs. Some of the key benefits of our approach include:

  • A reengineered process. By developing a staffing model that scales our top talent, clients have access to the full breadth and depth of our attorneys’ collective knowledge and experience.
  • Proprietary technology and data analytics. Littler’s tool automates adverse impact analyses and produces insightful visual reports demonstrating the results in a way that can be easily shared and explained.
  • A defensible strategy. Our approach provides the highest quality legal guidance from start to finish and is designed to document the decision-making process, creating an evidentiary record to defend against any future litigation

“Today’s employers are in uncharted waters and must navigate a range of complicated issues when it comes to workforce restructuring decisions. To protect their businesses, executives need an in-depth understanding of potential liabilities, an ability to quickly evaluate a range of different scenarios and experienced legal counsel. By combining innovative staffing processes with state-of-the-art technology, Littler’s Restructuring Assessment Solution can do it all with unmatched efficiency.” 
– Allan King, architect of the technology behind the solution

“Too often, companies turn to law firms to assist in carrying out workforce reductions only after the criteria for selecting employees has been determined. We think there’s a better way. We take a 360 approach to counsel our clients through the entire process, anticipating problems before they escalate into larger issues and providing insights to drive stronger business decisions.” 
– Kerry Notestine, co-chair of Littler’s Business Restructuring Practice Group

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