Description
Gain a better understanding of the law and legal theories related to protecting company interests when an employee resigns or is terminated.This topic addresses the law and legal theories related to protecting company interests when an employee resigns or is terminated whether voluntarily or involuntarily. Topics include distinguishing between types of employee separations and their potential ramifications the primary federal and state laws at issue in any resignation or termination disciplinary and cause terminations job eliminations and RIFslayoffs various concerns when separating employees while on ADA, FMLA or other approved leaves of absence exit interviews and returning company confidential information and property avoiding unfair competition through covenants not to compete and other restrictive covenants and the numerous considerations involved when deciding whether and when to offer separation agreements and severance pay. Throughout the material, client counseling strategies and practical tips will be offered for applying these legal issues and principles when employees resign or are terminated from employment, with an overall objective of not only complying with applicable law, but also helping employers better protect their legitimate business interests in the process.
Date: 2019-08-29 Start Time: End Time:
Learning Objectives
Employment-At-Will vs. Contract Employees
Primary Laws • Federal and State
• Discrimination
• Retaliation
• Wage Payment and Accrued PTO
• Unemployment Compensation
Resignation vs. Termination
• Voluntary and Involuntary
• Coding in Company System
• Rehire Eligibility
Disciplinary and Cause Terminations
• Contract Employees
• At-Will Employees
Job Eliminations and RIFs/Layoffs
Terminating Employees on ADA, FMLA or Other Approved Leaves of Absence
Exit Interviews
Returning Confidential Information and Company Property
Avoiding Unfair Competition
• Covenants Not to Compete and Confidentiality Agreements
• Trade Secret Law
• Executing Restrictive Covenants When Employment Ends
Separation Agreements and Severance Pay
• Whether, When and Why to Offer
• Pros and Cons
• Severance Pay Policies and Programs
• Drafting Concerns
• OWBPA and State-Specific Requirements
• Other Key Provisions
Kenneth P. Carlson, Jr.-Constangy Brooks, Smith & Prophete LLP, William J. McMahon, IV – Constangy Brooks, Smith & Prophete LLP
