Fair Labor Standards Act (FLSA): Federal law governing final wage payments, overtime, and minimum wage requirements that must be addressed in the exit letter regarding final compensation
COBRA: Consolidated Omnibus Budget Reconciliation Act requirements for notifying departing employees about their rights to continue health insurance coverage
ERISA: Employee Retirement Income Security Act provisions regarding the employee's retirement benefits and required notifications about their pension/401(k) rights
WARN Act: Worker Adjustment and Retraining Notification Act requirements if the termination is part of a mass layoff, requiring specific advance notice periods
ADEA: Age Discrimination in Employment Act considerations, particularly important if the employee is over 40 years old, requiring specific language in release agreements
State-Specific Final Pay Laws: Varying state requirements regarding the timing and method of delivering final paychecks and inclusion of accrued vacation/PTO
Non-Compete Provisions: State-specific requirements regarding the enforceability of non-compete agreements and necessary reminder language in the exit letter
Confidentiality Obligations: Reminder of ongoing confidentiality obligations and return of confidential information requirements
Company Property Return: Requirements and process for returning company property including devices, badges, and other materials
OWBPA Requirements: Older Workers Benefit Protection Act requirements if including a severance agreement, including specific release language and consideration periods
Intellectual Property Rights: Reminder of company ownership of intellectual property created during employment and ongoing obligations
Reference Policy: Company policy regarding future employment verifications and reference requests
