Title VII of the Civil Rights Act 1964: Federal law prohibiting employment discrimination based on race, color, religion, sex, and national origin. Must be considered to ensure termination is not discriminatory.
Americans with Disabilities Act (ADA): Federal law protecting qualified individuals with disabilities from discrimination. Termination must not violate ADA protections.
Age Discrimination in Employment Act (ADEA): Federal law protecting workers 40 and older from age discrimination. Termination must not be age-based.
Fair Labor Standards Act (FLSA): Federal law governing wages, overtime, and employment standards. Ensures final pay compliance.
National Labor Relations Act (NLRA): Federal law protecting employees' rights to organize and engage in collective bargaining. Termination must not violate these rights.
WARN Act: Federal law requiring employers to provide advance notification of mass layoffs. Must be considered for large-scale terminations.
State Employment Termination Laws: Varying state-specific requirements for employment termination, including notice periods and documentation requirements.
State Final Paycheck Laws: State-specific requirements regarding timing and method of final paycheck delivery.
At-Will Employment Provisions: State-specific modifications to at-will employment doctrine, which may affect termination without notice.
Employment Contract Terms: Existing contractual obligations that may affect the ability to terminate without notice.
Company Policies: Internal procedures and policies regarding termination that must be followed to ensure consistency.
Collective Bargaining Agreements: Union contracts that may contain specific provisions regarding termination procedures.
Non-Compete and Confidentiality: Existing agreements that must be referenced and reinforced in termination documentation.
Wrongful Termination: Common law principle protecting employees from termination that violates public policy or implied contracts.
Good Faith and Fair Dealing: Common law principle requiring employers to act in good faith when terminating employment relationships.
