Description
Avoid legal pitfalls of ending employment contracts.
Employers are often faced with the need to terminate an employee, whether for performance reasons, misconduct, or as part of a reduction in force. Before implementing any employment terminations, employers should be aware of the risks of doing so and the steps they should take prior to the employment termination to limit legal exposure and comply with applicable laws. Employers who do not understand the atwill employment doctrine and its interaction with various antidiscrimination laws increase their exposure to liability for employee terminations. This presentation will provide employers with an overview of the dos and donts of terminating employees so that they can mitigate legal risk, including how to document performance and disciplinary issues and related terminations, as well as the selection processes and logistics for implementing a reductioninforce.
Date: 2023-02-23 Start Time: 1:00 PM ET End Time: 2:05 PM ET
Learning Objectives
* You will be able to define atwill employment.
* You will be able to explain the best practices for documenting employee performance and discipline.
* You will be able to identify potential sources of liability when implementing a reductioninforce.
* You will be able to recognize the dangers of terminating an employee without adequate planning.
Introduction: Terminating Employees With Employment Contracts
• How Does At-Will Employment Differ From an Employment Contract?
• What Does That Mean for Employers Looking to Terminate Employees?
Best Practices for Terminations Generally
• Complying With Applicable Law (Including Payment of Final Wages and Separation Notices)
• Complying With the Terms of the Employment Agreement
• Determining Whether to Offer a Separation Agreement
• Data and Information Security
• References
Terminating the Employment Relationship for Performance Reasons
• Documenting Performance Issues
• Performance Improvement Plans
• Communicating the Termination
Terminating the Employment Relationship for Disciplinary Reasons
• Maintaining and Consistently Enforcing Company Policies
• Documenting and Communicating Disciplinary Issues
• Communicating the Termination
Reductions-In-Force
• Planning the RIF
• Determining the Selection Process and Separation Package
• Making the Selections and Evaluating the Legal Risk of Selections
• Disparate Impact Analysis
• Individual Due Diligence
• WARN Analysis
• Implementing the RIF
• Preparing All Required Documents
• Communicating the RIF
ASA ,CLE (Please check the Detailed Credit Information page for states that have already been approved) ,HR Certification Institute ,CPE ,SHRM ,Additional credit may be available upon request. Contact Lorman at 866-352-9540 for further information.
Eric I. Emanuelson, Jr.-Epstein Becker & Green, P.C., Ann Knuckles Mahoney – Epstein Becker & Green, P.C.
