As the global economy spirals into a recession and employee layoffs become more commonplace, business executives, human resources professionals and risk managers face significant challenges going into 2009. When you factor in the potential impact of a new worker-friendly administration, and with employee confidence in the job market at an all-time low, the big question is whether we are facing a legal tsunami.
Reductions-in-force make the headlines on a daily basis, and are apt to continue, leaving employees who lose their jobs fearing for their financial security. What's more, those who are unable to land with another employer often choose to sue.
In a tight job market damages in such lawsuits rise, as employers are unable to argue that the awards should be off-set by interim earnings at subsequent jobs. All these factors together are creating ripe conditions for an increase in employment-related litigation.
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