New York partner Jerry Hathaway authored an article for Lexis Practice Advisor, a LexisNexis online tool that provides practical guidance to attorneys. Jerry’s article, “Plant Closing Checklist,” outlines the key issues for private employers to take into consideration when closing a plant or other facility.
Jerry states that the first step is determining whether there are alternatives to closing the plant, such as reductions in non-personnel expenses, work sharing or forced vacations. If an employer moves forward with closing, it must follow a planning process and confirm that there are no contractual or other legal obstacles to closing.
The checklist also covers preparing for union bargaining, organizing and implementing layoffs, adhering to the Worker Adjustment and Retraining Notification Act and any state obligations, considering ERISA implications, evaluating immigration issues, addressing security concerns, implementing employee releases and claims, and evaluating restrictive covenant and intellectual property protections.