Separation From Employment: Federal
Updating Author: XpertHR Editorial Team
- Most employment relationships are at-will, meaning that an employer can terminate an employee at any time for any reason, or for no reason, but exceptions apply. See Employment At-Will.
- An employment contract may change the nature of an at-will relationship to require just cause for a termination. See Termination for Cause.
- Offering a severance package to terminating employees can help promote goodwill and reduce potential legal liability. See Severance Packages.
- A release of legal claims must meet certain standards to be enforceable. There are special considerations when seeking a release from employees 40 or older. See Separation and Release Agreements.
- Restrictive covenants, such as a noncompete agreement, may be used to protect the employer's business interests following a separation of employment. See Restrictive Covenants.
- An employer must comply with requirements governing the final payment of wages, unemployment eligibility and health care continuation obligations upon an employee's termination. See Final Pay and Benefits.
- A policy requiring advance notice of resignation may be difficult to enforce. See Notice of Resignation.
- An employee who resigns may be able to claim constructive discharge if they can show that the working conditions were so intolerable that a reasonable person in their position would not have been able to continue. See Constructive Discharge.
The following states have additional requirements for this topic under applicable state law.
Your Preferred States
- Rhode Island
- South Carolina
- South Dakota
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Carolina
- District of Columbia
- North Dakota
- West Virginia