Transportation Resource Center for HR: Terminations and Reductions in Force

How To

• How to Terminate an At-Will Employee for Misconduct

  The employment at-will doctrine, accepted by nearly all 50 states, provides that either party may terminate the employment relationship at any time, for any reason. However, agencies, judges and juries in federal and state courts all expect employers to behave rationally and have a good explanation for their termination decisions. This How To assists an employer with terminating an at-will employee for misconduct.

• How to Terminate an Employee Out on FMLA Leave

  When terminating an employee who is out on Family and Medical Leave Act (FMLA) leave, an employer can avoid liability by proving that the termination decision was made regardless of whether the employee took leave or otherwise exercised FMLA rights. This How To assists an employer with terminating an employee out on FMLA leave.

• How to Identify Employees for a Reduction in Force Under the WARN Act

  Employers facing a mass layoff or reduction in force (RIF) must understand their obligations under the Worker Adjustment and Retraining Notification Act (WARN Act), which requires employers to provide advance notice of mass layoffs and plant closings to affected workers and their families in some situations. The employee identification process, however, is the employer's best tool to guard against future litigation from disgruntled employees. Employers should use this How To when considering and/or preparing employees for a mass layoff.