Title VII of the Civil Rights Act of 1964: Federal law that prohibits employment discrimination based on race, color, religion, sex, and national origin. Must ensure termination does not violate these protections.
Age Discrimination in Employment Act (ADEA): Federal law protecting workers 40 and older from age discrimination. Termination must not be based on age-related factors.
Americans with Disabilities Act (ADA): Federal law protecting qualified individuals with disabilities from discrimination. Termination must not violate ADA protections.
WARN Act: Worker Adjustment and Retraining Notification Act requires employers to provide advance notice of mass layoffs or plant closings.
Fair Labor Standards Act (FLSA): Federal law governing wages, overtime, and other employment standards. Ensures proper final payment calculations.
State-Specific Notice Requirements: Various state laws dictating specific notice periods and requirements for employment termination.
Final Paycheck Requirements: State-specific laws governing timing and manner of delivering final paycheck, including unused vacation/PTO payout.
Employment Contract Terms: Existing contractual obligations including notice periods, severance, non-compete clauses, and confidentiality agreements.
Company Policies: Internal procedures for termination, benefits continuation, and company property return requirements.
COBRA Benefits: Federal law requiring notification of rights to continue health insurance coverage after employment termination.
Unemployment Rights: Information regarding employee's right to apply for unemployment compensation and relevant procedures.
Documentation Requirements: Legal requirements for maintaining termination records and providing necessary documentation to terminated employee.
