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Goerlitz Law, PLLC | Business, Real Estate & Litigation
  • Home
  • About
    • Jared M. Goerlitz
  • Practice Areas
    • Business Transactional Law
      • Contract Drafting And Review
      • Business Formation
      • Mergers & Acquisitions
    • Business Litigation
      • Breach Of Contract
      • General Counsel Representation
      • Shareholder & Ownership Disputes
    • Real Estate Law
      • Real Estate Investors & Non Traditional Lenders
      • Real Estate Problems
  • Blog
  • Contact
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  5. How to address redundancy in a merger scenario

How to address redundancy in a merger scenario

On Behalf of Goerlitz Law, PLLC | Dec 20, 2024 | Business Transactions

Mergers with other organizations are a common way to expand existing companies. Businesses that merge gain access to one another’s resources, including their talent, facilities and intellectual property. The combined organization that results from a successful merger can potentially become a power player in a particular industry.

However, ensuring financial solvency after a merger requires careful planning. One of the most pressing concerns is the need to address redundancy. Organizations undergoing a merger may have multiple different facilities when only one is necessary. They may have two accounting teams and two sets of human resources professionals. The expenses of maintaining redundant facilities, workers and equipment can put pressure on company finances. Redundant employees, in particular, can quickly lead to financial strain for the merged organization.

How can businesses preparing for a merger effectively address redundancy?

Disclose organizational details in advance

Accurate information about the structure of both companies is necessary to effectively address redundancy. Companies need to disclose the scope of their staff rosters and identify the roles of individual employees. That way, leaders at the resulting combined organization can readily identify which positions they need to eliminate and what teams they need to combine.

Companies may also need to look into the details of commercial leases and production levels for different facilities. That way, they can determine which locations to maintain and which to shut down after the merger.

Approach staff reductions carefully

Any large-scale layoffs or terminations can potentially result in litigation later. Workers may claim that the company retaliated or discriminated against them by including them in a layoff or mass termination.

Therefore, it is crucial that organizations planning to eliminate redundant positions establish clear criteria for the decision-making process. Records of job performance and other factors considered during reductions can help counter claims of discrimination or retaliation.

Business mergers may also require the termination of leases at redundant facilities and the sale of redundant equipment. The leaders at businesses planning mergers generally need to have a game plan in place to quickly address redundant staffing, facilities and equipment so that the resulting combined organization can manage operational expenses.

Having support while preparing for a large business transaction, such as a merger, may help organizations limit their legal exposure and financial vulnerability. Redundancy is only one of several sources of company liability when planning a merger. With the right approach, companies may limit ongoing operating expenses without significantly increasing the risk of litigation.

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