Employment Due Diligence in Mergers & Acquisitions and the Hiring Process

03.12.2022 | 11:45 a.m. - 1 p.m. CT

Identifying and navigating employment issues that typically surface during a merger or acquisition can lay the foundation for a successful transaction that achieves desired business goals and minimizes integration and transaction-related risk. Careful planning and analysis during the due diligence phase of a transaction can help a company anticipate, proactively address, and prevent issues that could arise post-transaction and in hiring new employees. 

General topics to be covered:

  • Employment issues triggered by mergers and acquisitions
    • Wage and hour issues, including misclassification analysis, application of successor doctrine under the FLSA, and analysis of pay practices
    • Immigration issues, including review of I-9 forms and certain visas
    • Investigating pending and threatened employment claims from employees and government agencies
    • Analyzing existing employment agreements and related obligations
    • Deciding which employees to retain (and how to mitigate risk of discrimination claims) and managing the risk related to layoffs/RIFs and closures
    • Analyzing existing employment practices and policies (and post-transaction integration of policies)
    • Analysis of leave policies, including potential for successor liability under FMLA

  • Post-transaction issues and general hiring due diligence
    • Hiring and employment agreements, including restrictive covenants
    • Background and credit checks; impact of "ban the box" law
    • Benefits of posting and maintaining clear and accurate job descriptions
    • Restrictions on asking about prior salary history
    • Mitigating risk when hiring from a competitor

Register online to attend this webinar.

Event Contact

Theresa Gaul
Events Specialist

Subscribe to Stinson's
News & Insights
Jump to Page

We use cookies on our website to improve functionality and performance, analyze website traffic and enable social media features. For more information, please see our Cookie Policy.