Garfunkel Wild Complimentary Webinar – The Enforceability of Employment Contracts During The COVID-19 Pandemic
Monday, May 4, 2020
12:00 PM – 1:00 PM EDT
Speakers: Andrew L. Zwerling and Roy W. Breitenbach
Garfunkel Wild’s Andrew L. Zwerling and Roy W. Breitenbach will present the webinar “The Enforceability of Employment Contracts During The COVID-19 Pandemic” on May 4, 2020.
Among the many impacts of the COVID-19 pandemic has been the steep rise in concern over the viability of employment contracts. Businesses of all types, in all industries, have experienced business and financial disruption of profound magnitude that has compelled them to take action of various types that, on their face, violate the plain language of employment contracts of which they are a part. Salary reductions, work reductions, terminations without requisite notice, job furloughs and similar actions that on their face violate contractual obligations have become commonplace as businesses try to stay viable, if not operationally functional, during the COVID-19 crisis. This raises certain obvious questions: despite running afoul of the plain language in employment contracts, are such actions nonetheless proper given the impact of the pandemic? Are parties obligated to perform their obligations under employment contracts given the constraints imposed by governmental orders and other fallout from the pandemic or are they discharged from such obligations? Does it matter that there is a force majeure provision in my contract? What happens if the employment contract does not have a force majeure clause?
We will conduct a webinar that will address these issues and others, including the applicability of doctrines of impossibility of performance, impracticability of performance and frustration of performance, and the effect of force majeure clauses.
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