When a special servicer or third-party manager takes over a distressed asset or franchise, no one thinks about labor and employment issues until a problem surfaces. While a special servicer or third-party manager with its own employees in the area can usually expect a smooth transition, these arrangements often occur in places that are far-removed from the headquarters or home office. A special servicer may simply assume that it is taking over the former operator’s employees, and not think twice about other labor issues.
USA, Employment & Labor, Franchising, Insolvency & Restructuring, Baker Donelson Bearman Caldwell & Berkowitz PC, Breach of contract, Discrimination, Government agency, Solicitation, Anti-discrimination law, Equal Employment Opportunity Commission (USA)