PBN surveyed law firms on this week’s List for a better understanding of where employment litigation is headed in Hawaii and the steps local employers should take to minimize risks. Amanda M. Jones, partner at Cades Schutte, provided responses.
What is one major issue for labor and employment litigation that you expect to gain prominence in the next year, and why?
If the predictions by some that we are about to enter a recession are correct, some employers are going to need to make difficult decisions about layoffs in the next year. While economic conditions are legitimate reasons for employment decisions, citing a recessionary climate does not fully immunize employers from legal claims.
The issue becomes who was selected for layoffs and who was not and whether there were legitimate reasons for those selections. Employers need to be prepared to demonstrate the non-discriminatory motives for their decisions.
Employers may also want to consider offering separation packages, if possible, to those selected. It is advisable to consult legal counsel for layoffs and separation offers because of the legal risks involved and to ensure compliance with federal and state laws.
What are the most important steps that employers should take to minimize litigation risks in the months ahead?
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