Statutory Employment Claims, Collective Bargaining Agreements, and Enforceability of Individual Contract Claims Against Bankrupt Employers and Their Officers

ABA Section of Labor and Employment Law Employment Rights and Responsibilities Committee Midwinter Meeting

Mr. Van Dusen of Miller Nash LLP will be a panelist speaking on "Statutory Employment Claims, Collective Bargaining Agreements, and Enforceability of Individual Contract Claims Against Bankrupt Employers and Their Officers."

When an employer files for bankruptcy, unions and employees face a range of risks as they try to enforce collective bargaining agreements, statutory rights, and individual contacts. The panel will discuss bankruptcy priority issues, the bankruptcy court power to invalidate employment contracts and collective bargaining agreements, and other issues involving claims against bankrupt employers. Management attorneys defending an employer who has filed for bankruptcy also face new risks, particularly when they also represent individual officers sued under the FLSA and state wage claim statutes. The panel will discuss recent state and federal caselaw holding individual officers and employees personally liable to plaintiffs who were no longer able to collect from the bankrupt employer.