Title VII of the Civil Rights Act 1964: Federal law that prohibits employment discrimination based on race, color, religion, sex, and national origin. Must ensure dismissal is not discriminatory under these protected categories.
Americans with Disabilities Act (ADA): Federal law protecting individuals with disabilities from discrimination. Verify dismissal is not related to any disability and reasonable accommodations were provided if applicable.
Age Discrimination in Employment Act (ADEA): Federal law protecting workers 40 and older from age discrimination. Ensure termination is not age-related.
National Labor Relations Act (NLRA): Federal law governing labor relations and protecting workers' rights to organize. Verify compliance if employee is part of or organizing union activities.
Fair Labor Standards Act (FLSA): Federal law establishing wage, overtime, and recordkeeping requirements. Ensure final pay calculations comply with FLSA provisions.
WARN Act: Federal law requiring advance notification for mass layoffs. Consider if applicable in case of multiple terminations.
State Employment Laws: State-specific regulations regarding at-will employment, notice periods, final paycheck timing, and termination documentation requirements.
Employment Contract Compliance: Review and ensure compliance with any existing employment contracts, company policies, and procedures regarding termination.
Progressive Discipline Policy: Company's established system of escalating responses to address performance issues, including warnings and improvement opportunities.
Performance Documentation: Comprehensive records including performance reviews, warnings, improvement plans, coaching sessions, and specific examples of poor performance.
Due Process Requirements: Ensuring fair treatment through adequate warnings, improvement opportunities, and consistent application of company procedures before termination.
