Title VII of the Civil Rights Act of 1964: Federal law prohibiting employment discrimination based on race, color, religion, sex, and national origin. Must ensure termination is not discriminatory.
Americans with Disabilities Act (ADA): Federal law protecting qualified individuals with disabilities from discrimination. Verify termination is not related to disability status.
Age Discrimination in Employment Act (ADEA): Federal law protecting workers 40 and older from age discrimination. Ensure termination is not age-related.
Family and Medical Leave Act (FMLA): Federal law providing job-protected leave. Verify termination does not violate FMLA protections if applicable.
National Labor Relations Act (NLRA): Federal law protecting workers' rights to organize and engage in collective bargaining. Ensure compliance if employee is union member.
Fair Labor Standards Act (FLSA): Federal law governing wages and hours. Ensure final pay calculations comply with FLSA requirements.
State-Specific Employment Laws: Various state laws governing termination procedures, final paycheck timing, and additional worker protections specific to the state.
Employment Contracts Review: Review of existing employment agreements, including individual contracts and collective bargaining agreements that may affect termination process.
Company Policy Compliance: Review of internal policies, handbooks, and established disciplinary procedures to ensure termination follows company protocol.
Progressive Discipline Documentation: Records of previous warnings, performance improvement plans, and disciplinary actions leading to termination decision.
Due Process Requirements: Documentation of fair treatment, investigation records, and evidence that employee was given opportunity to respond to allegations.
Final Pay Requirements: Calculations and timing requirements for final paycheck, including any accrued vacation or PTO according to state law and company policy.
