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The vast majority of companies headquartered in the United States generally face minimal restrictions when reducing employee head count. Employment flexibility, as dictated by business requirements, is a cornerstone of U.S. business. Although employers must abide by notice requirements, such as those under the Workers Adjustment and Retraining Notification Act, 29 U.S.C. 2101-9 and its state law analogs — and should undertake analyses to minimize potential discrimination claims resulting from the layoff process — non-unionized U.S. employers generally can implement a reduction in force without much restriction. That frame of mind, however, often conflicts with the employment regimes in many Asian countries where at-will employment is not recognized or enforceable.

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