WARN Act Basics for New Employment Attorneys: Guiding Clients Through the Mass Layoff Process

Mr. Prokott advises businesses regarding complex workplace matters. He represents employers of all sizes, including multinational public and private companies, established and emerging private businesses, and nonprofit organizations. Mr. Prokott advises employers on: hiring practices, including issues related to non-discrimination, non-competition, pre-employment testing, background checks and state law compliance; reviewing and drafting offer-of-employment letters and employee handbooks; preparing executive and sales compensation agreements; preparing non-competition, non-solicitation and confidentiality agreements, and advising on the enforceability of these types of agreements; and best practices for managing and implementing employee restructurings and voluntary and involuntary workforce reductions, including release requirements under the Age Discrimination in Employment Act and Older Workers Benefits Protection Act, and compliance with the Worker Adjustment and Retraining Notification Act, among other matters.

Practicing employment law since 1991, Mr. Raisner is the founding partner of Raisner Roupinian, LLP. He has litigated to victory in the U.S. Supreme Court the claims on behalf of a 2,000-member class of employees in Czyzewski v. Jevic Holding Corp. The Court’s decision stopped employers from using a practice in bankruptcy to avoid paying their employees earned wages and strengthened the rights of all priority creditors. Mr. Raisner has litigated more than 100 WARN Act cases that have totaled over $100 million in settlements. He has argued WARN Act appeals in the U.S. Court of Appeals in the Second, Third and Fifth Circuits, that have led to expanded employee protections for those laid off around the country. Mr. Raisner helped craft New Jersey’s mandatory severance law, the nation’s first, and its WARN law – the most expansive in the country. He has worked on similar legislation introduced in the U.S. Senate and House of Representatives.