Plus: 700,000 Layoffs and Counting...WARN Act and Employer Risks
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June 12, 2025

Beyond Fair WARNing: The Ethics of Workforce Reduction

Layoffs near 700,000 in ’25; 45% of companies predict reductions. 

In a time of widespread layoffs led by mass firings within the federal government, legal and business experts warn that poorly executed workforce reduction can open companies up to risks like reputational damage and productivity losses, resulting in consequences that might outweigh intended savings.
 
Companies considering force reduction must navigate federal and (sometimes) state WARN laws and other employment regulations, and noncompliance, such as failing to provide proper notice, can lead to lawsuits and financial penalties. This is particularly true for employers in states like California, New Jersey and New York, all of which have stricter requirements than those of the federal government.
 
If layoffs are unavoidable, experts who spoke with CCI contributing writer Nancy Mann Jackson recommended things like documenting the decision-making process, offering severance packages and conducting an impact analysis to ensure compliance with various regulations. It’s also critical to communicate clearly with both exiting and remaining employees to maintain trust and stability, they said.
 
Alternatively, companies could explore other avenues like voluntary exits, furloughs or reduced hours, while keeping in mind that stealth tactics like return-to-office mandates to prompt resignations may backfire, exposing companies to legal claims.
 
As with all challenging business situations, leading with clear communication and empathy is key to protecting both the company and its people.

Read the feature.

HR COMPLIANCE

MAGA Hats and Pronoun Disputes Test Workplace Speech Boundaries

 

Gorev Ahuja of Oppenheimer Investigations Group breaks down the framework that employers use to balance protected political speech with workplace disruption, applicable to everything from social media posts to classroom expression.

GOVERNANCE

Blocked, Sued and CEO-Less: How Kroger's Board Must Navigate Triple Crisis

 

Using Kroger’s post-Albertsons crisis as a case study, Alvarez & Marsal’s Conor Johnston maps the three-pronged approach boards need to transform regulatory setbacks into competitive repositioning.

COMPLIANCE

PFAS Reporting Window Delayed, Waiting to Act Could Be Risky

 

A nine-month delay in reporting use of so-called “forever chemicals” shouldn’t be taken as a removal of the reporting requirement, says Assent’s Cally Edgren, who urges companies to use this time wisely.

OPINION

Why Contract Management Shouldn’t Be Legal’s Problem

 

Concord CEO Matt Lhoumeau explores how finance teams are emerging as contract owners due to their focus on operational efficiency, enabling legal professionals to focus on complex matters where their expertise truly adds value.

FINSERV

Regulation vs. Innovation: The Tug-of-War Defining Finance’s Future

 

While the EU fines up to €35 million for AI noncompliance, US regulations favor growth and Asia enforces its own transparency standards. B2PRIME Group’s Alex Tsepaev discusses how these conflicting demands stifle innovation and undercut firms’ competitiveness.

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