MERGERS AND ACQUISITIONS: EMPLOYMENT AND LABOR ISSUES

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There is no denying that organizations and corporations are the backbone of our economic system. These entities are responsible for the majority of our country's business endeavors, which in turn, generate jobs, products and services that create and move the economy. As such, it is indispensable that organizations and corporations be granted sufficient space to incur in beneficial transactions and negotiations that will result in even more business undertakings. Two of the most common transactions in this regard are: mergers and acquisitions.

While it is important for organizations and corporations to be able to increase their business ventures, our legal system has enacted a framework to ensure a certain degree of institutional responsibility when it comes to the protection of employees in the face of mergers and acquisitions. To this regard, our jurisdiction recognizes the concept of multiple employer liability, which includes the doctrine of Transfer of Business, Single Employer, Success or Employer, and the Alter Ego doctrine.

The common rule of employer liability consists in the following: responsibility for labor claims will usually fall upon the employer directly responsible for the alleged action. While each of the above-listed doctrines differs in their application, their end result will undeniably be the same, to circumvent the common rule of employer liability. Therefore, in the particular circumstances of mergers and acquisitions, should any of these exceptions to the common rule be applicable, corporations and organizations may be faced with a situation where labor liability may not only be bestowed upon the direct employer, but possibly on other parties of the merger and/or acquisition who had no nexus between the employee and the alleged claim.

With the passing of the years, the current globalization of our economy, the recent challenges of the world's markets, and the increase in complexity of business ventures, these doctrines have become an important pillar in today's labor litigation than ever before. As such, these multiple employer liability figures have become the crux to a wide scope of labor cases regarding unjust termination, employee rights and benefits, employment, wages and hours claims, as well as the applicability of collective bargaining agreements upon non-contracting parties.

Pizarro & González has been protecting corporations and organizations' interests on numerous multiple employer liability cases, with over more than two decades worth of experience in this field. Our professional and thorough attorneys possess the necessary talent, drive and resources to effectively face your existing and future labor challenges, even more so with our current economic shift, as well as those many more to come. Our goal as a firm is to counsel and work side by side with you in order to overcome any obstacle that may operate to impede your organization from delving into bigger and better business endeavors. By combining the best legal professionals, we are confident that Pizarro & González will be able to comply with all your business' needs.

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