This How To details the steps an employer should take to decide on a type of workforce reduction: furlough or layoff, permanent layoff or a termination for cause.
This How To maps out the steps an employer should follow in order to properly pay an employee who has separated, or has been involuntary terminated, from employment.
An employer may want to immediately terminate an employee it believes is abusing or fraudulently taking leave under the Family and Medical Leave Act (FMLA). The employer would be wise to follow the steps in this How To before terminating an employee for FMLA fraud or abuse.
A severance or termination agreement is a very effective tool for an employer to use to make a mostly clean break with outgoing employees. However, there are important restrictions on the type of consideration employers can ask for as part of severance or termination agreements. This How to will help employers walk through the process of negotiating and drafting such an agreement and can be useful in protecting the company and ensuring the agreement is enforceable in a court of law.
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.
When employees resign, employers have a valuable opportunity to both gather candid information regarding their business practices and identify risk. This How To will assist employers with the steps to encourage employees to participate in exit interviews, select the right person to conduct exit interviews and how best to prepare for, conduct and process the information obtained during exit interviews.
Employers should be aware that any voluntary retirement program must comply with the Older Workers Benefit Protection Act (OWBPA) and the Age Discrimination in Employment Act (ADEA). This How To will help employers to craft a voluntary retirement/attrition program and to comply with the OWBPA and ADEA in the process of doing so.
An employer that must comply with the Worker Adjustment and Retraining Notification Act (WARN Act) for an impending mass layoff or reduction in force (RIF) must provide advance notice of the layoff or RIF. This How To will enable the employer to comply with the notification provisions of 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.
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.
Step-by-step advice on workplace situations relating to organizational exit.
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© 2021 LexisNexis Risk Solutions Group.