References for Former Employees
In-depth review of the spectrum of Arkansas employment law requirements HR must follow with respect to process of termination.
This briefing for supervisors provides a protocol and best practices for employee termination, from the disciplinary process through to the post-termination period.
An employer may use this form to build or reach a severance or termination agreement with an outgoing employee when the employer is either contractually bound to provide severance or it determines that providing severance is in its best interests. Common scenarios in which employers elect to provide severance are when they desire a (mostly) clean break with an outgoing employee, they desire to maintain good relations with the outgoing employee or when the employer desires some protection from the outgoing employee against risks associated with litigation, competition or security.
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.
HR guidance on risks in responding to reference requests for former employees and ways to guard against exposure to defamation claims.
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The materials and information included in the XpertHR service are provided for reference purposes only. They are not intended either as a substitute for professional advice or judgment or to provide legal or other advice with respect to particular circumstances. Use of the service is subject to our terms and conditions.
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© 2021 LexisNexis Risk Solutions Group.