Termination, Layoffs, and Plant Closings

RIF planning should include identifying legitimate business reasons, developing objective selection criteria, performing adverse impact analysis on protected groups, preparing WARN Act compliance, drafting separation agreements with proper releases, and planning communication strategy.

Risks include wrongful discharge claims, discrimination claims if the termination disproportionately affects protected groups, retaliation claims, breach of contract claims, and defamation claims. Thorough documentation and legal review before termination minimize exposure.

Key provisions include the severance payment amount and schedule, a general release of claims, OWBPA-compliant age discrimination waivers for employees over 40, confidentiality and non-disparagement clauses, return of company property, and cooperation obligations.

Use objective, job-related criteria such as skills, performance ratings, and seniority. Apply criteria consistently and conduct statistical adverse impact analysis across protected categories before finalizing selections. Document the selection process and business rationale thoroughly.

Fair use is a defense that permits limited use of copyrighted material without permission. Courts consider four factors: the purpose and character of use (commercial vs. educational, transformative vs. copying), the nature of the copyrighted work, the amount used, and the effect on the market. Fair use is highly fact-specific.

For works created today by individual authors, copyright lasts for the life of the author plus 70 years. Works made for hire and anonymous/pseudonymous works are protected for 95 years from publication or 120 years from creation, whichever is shorter. Older works may have different terms.

Yes, software code is protected by copyright as a literary work. Both source code and object code can be registered. However, copyright protects the expression of ideas, not the underlying functionality—patent protection may be more appropriate for novel methods and processes implemented in software.

Our virtual legal services offer streamlined, cost-effective solutions for common copyright needs. Services like copyright registration, assignment agreements, and DMCA takedowns are available online with fixed, transparent pricing. You get the quality of a top IP firm with the convenience of digital delivery.