May 2020
waves or tsunamis. Although courts have not
addressed the issue yet, it is possible that this
exception may apply during the current CO-
VID-19 pandemic.
Post “Right-Sizing” Considerations
Severance
One way to soften the blow for employees who
have been let go due to “right-sizing” is to offer a
severance benefit. Such benefits are not required by
law, but may prove valuable to employees and
employers alike. Employers should consult with
legal counsel to ensure compliance with Employee
Retirement Income Security Act (ERISA).
Releases
MiMfg Magazine
law claims brought by a laid-off worker. Because
severance benefits are not mandatory, an employer
may condition the receipt of such benefits on the
employee’s agreement to release the employer from
any employment-related claims up to the time
of termination.
6
Megan Norris is a principal attorney with Miller
Canfield. She may be reached at 313-963-6420 or
[email protected].
Brian Schwartz is a principal attorney with Miller
Canfield. He may be reached at 313-963-6420 or
[email protected].
Miller Canfield is an MMA Premium Associate member
and has been an MMA member company since
February 1989. Visit online: millercanfield.com.
A properly crafted release of claims may reduce
an employer’s exposure to liability for employment
COVID-19 Resources for Manufacturers
The health, safety and well-being of our
members and employees is of the utmost
importance to MMA. We’ve put together
resources online to help your company
weather the current crisis.
COVID-19 Resources Financial Relief Tool Kit
mimfg.org/COVID-19 mimfg.org/covid19financialrelief
MMA has collected valuable information
to help you and your team. Find official
guidance, expanded leave information,
methods to develop and deliver personal
protection equipment, e-learning tools,
member-provided resources and more. In the face of workforce disruption, revenue
reductions, supply chain problems and economic
upheaval, locating financial assistance is more
crucial than ever. Get detailed information on
emerging federal and state programs for which
your company may be eligible.
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