Title VII of the Civil Rights Act: Federal law prohibiting employment discrimination based on race, color, religion, sex, and national origin. Must ensure termination decision does not violate these protections.
Americans with Disabilities Act (ADA): Federal law protecting individuals with disabilities from discrimination. Termination must not be related to any protected disability status.
Age Discrimination in Employment Act (ADEA): Federal law protecting workers 40 and older from age discrimination. Termination decision must not be influenced by age.
National Labor Relations Act (NLRA): Federal law protecting employees' rights to organize and engage in collective bargaining. Termination must not violate protected concerted activities.
Fair Labor Standards Act (FLSA): Federal law governing wages and hours. Ensures final pay calculations and timing comply with federal requirements.
WARN Act: Federal law requiring advance notification for mass layoffs. Must be considered if termination is part of larger workforce reduction.
Family and Medical Leave Act (FMLA): Federal law protecting employees' right to medical and family leave. Termination must not interfere with FMLA rights or be in retaliation for FMLA use.
State Employment Laws: Various state-specific regulations regarding at-will employment, anti-discrimination, final paycheck requirements, and notice periods.
Company Policies: Internal policies including employment contracts, collective bargaining agreements, handbook policies, and progressive discipline procedures.
Documentation Requirements: Necessary records including investigation findings, performance records, disciplinary history, and evidence supporting termination decision.
Due Process Considerations: Fair investigation procedures, employee's right to respond, and proper documentation of all investigation steps.
Privacy Laws: Regulations governing confidentiality of investigation and protection of personal information during and after termination process.
