Termination of Employment

This Note addresses layoffs and reductions in force (RIFs), including employer's obligations, legal issues employers should consider when conducting RIFs and best practices. This Note addresses common issues faced by private employers with a nonunionized workforce. It addresses federal law. For information on Mini-WARN Acts in particular states, see the Mini-WARN Acts: State Q&A Tool under Related Content to the right.

This Note provides an overview of non-compete agreements between employers and employees. Non-compete agreements are largely dependent on state law. This Note contains information that is general and not jurisdiction-specific. For information on state law requirements, see the State Q&A Tools under Related Content to the right.

A Note describing the key benefits issues to consider when the employment relationship with a senior executive is terminated, including a step-by-step guide on actions the business organization should take. It explains how to review existing entitlements, what elements to consider and how to negotiate and draft the separation agreement.

A separation agreement (also commonly referred to as a severance agreement) between an employer and a departing employee specifying terms of the employee's separation from employment, including a release of legal claims against the employer in exchange for a benefit. This Standard Document is drafted in favor of the employer and has integrated notes with important explanations and drafting tips. This Standard Document is based on federal law. For information on state law requirements, see the State Q&A Tools under Related Content to the right.

A model settlement agreement between an employer and an employee in a single plaintiff employment dispute, including a release of legal claims against the employer. This Standard Document is based on federal law. It is drafted in favor of the employer. It has integrated notes with important explanations and drafting tips. For information on state law requirements, see the State Q&A Tool under Related Content to the right.

A sample notice that employers must provide to the state dislocated worker unit and local chief elected official located where employees are impacted by a plant closing or mass layoff covered by the federal Worker Adjustment and Retraining Notification (WARN) Act. This Standard Document includes integrated notes explaining the information that must be included in the notice, how the WARN notice should be served and other important explanations and drafting tips. It is drafted in compliance with the federal WARN Act. For more information about states with mini-WARN Acts, see the State Q&A Tool under Related Content to the right.

A Checklist outlining steps an employer should take when it suspects that a current or former employee may be violating a non-compete or non-solicitation agreement. Non-competes may also be referred to as covenants not to compete or non-competition agreements. This resource is jurisdiction-neutral. For information on state law requirements, see the State Q&A Tool under Related Content to the right.

A Checklist outlining the key provisions for employers to consider when drafting and negotiating a settlement agreement in a single plaintiff employment dispute, including a release of legal claims against the employer. This Checklist is based on federal law.

A Checklist of issues to consider when planning a layoff, also commonly known as a reduction in force. This Checklist addresses the federal Worker Adjustment and Retraining Notification (WARN) Act primarily. For information on state law requirements, see the State Q&A Tool under Related Content to the right.

A Checklist of immigration matters to consider when terminating a sponsored foreign employee. This Checklist addresses the critical issues and action items that employers should consider when a foreign worker is being terminated. It also highlights the termination's impact on the employee's immigration status.

A Checklist of key issues to help private employers comply with the federal Worker Adjustment and Retraining Notification (WARN) Act in advance of a mass layoff or plant closing. This Checklist focuses on federal requirements. For information on state law requirements, see the State Q&A Tool under Related Content to the right.

This tool enables subscribers to search and compare PLC's Mini-WARN Acts State Q&A resources. Questions and answers cover state-specific Worker Adjustment and Retraining Notification (WARN) Act administration, coverage, triggering events, notice, recordkeeping, penalties and more. Simply select the questions and the jurisdictions that you are interested in and click the "Submit" button. To see all of PLC's State Q&As on Mini-WARN Acts, see State Q&A Guide to Mini-WARN Acts. To see all of PLC's State Q&As, including relevant Legal Updates since the publication date (under Related Content), see individual Q&As on the Labor & Employment State Q&As landing page.

A Q&A guide to release of claims agreements for private employers in Arizona. This Q&A addresses statutory and common law claims that may be released in a valid and enforceable written agreement, as well as employment claims or specific contract language that should be included or excluded. Federal, local or municipal law may impose additional or different requirements. Answers to questions can be compared across a number of jurisdictions (see Employment Claims in Release Agreements: State Q&A Tool).

A Q&A guide to release of claims agreements for private employers in California. This Q&A addresses statutory and common law claims that may be released in a valid and enforceable written agreement as well as employment claims or specific contract language that should be included or excluded. Federal, local or municipal law may impose additional or different requirements. Answers to questions can be compared across a number of jurisdictions (see Employment Claims in Release Agreements: State Q&A Tool).

A Q&A guide to release of claims agreements for private employers in Connecticut. This Q&A addresses statutory and common law claims that may be released in a valid and enforceable written agreement, as well as employment claims or specific contract language that should be included or excluded.  Federal, local or municipal law may impose additional or different requirements. Answers to questions can be compared across a number of jurisdictions (see Employment Claims in Release Agreements: State Q&A Tool).

A Q&A guide to release of claims agreements for private employers in the District of Columbia. This Q&A addresses statutory and common law claims that may be released in a valid and enforceable written agreement as well as employment claims or specific contract language that should be included or excluded. Federal, local or municipal law may impose additional or different requirements. Answers to questions can be compared across a number of jurisdictions (see Employment Claims in Release Agreements: State Q&A Tool).

A Q&A guide to release of claims agreements for private employers in Georgia. This Q&A addresses statutory and common law claims that may be released in a valid and enforceable written agreement as well as employment claims or specific contract language that should be included or excluded. Federal, local or municipal law may impose additional or different requirements. Answers to questions can be compared across a number of jurisdictions (see Employment Claims in Release Agreements: State Q&A Tool).

A Q&A guide to release of claims agreements for private employers in Illinois. This Q&A addresses statutory and common law claims that may be released in a valid and enforceable written agreement as well as employment claims or specific contract language that should be included or excluded. Federal, local or municipal law may impose additional or different requirements. Answers to questions can be compared across a number of jurisdictions (see Employment Claims in Release Agreements: State Q&A Tool).

A Q&A guide to release of claims agreements for private employers in Iowa. This Q&A addresses statutory and common law claims that may be released in a valid and enforceable written agreement as well as employment claims or specific contract language that should be included or excluded. Federal, local or municipal law may impose additional or different requirements. Answers to questions can be compared across a number of jurisdictions (see Employment Claims in Release Agreements: State Q&A Tool).

A Q&A guide to release of claims agreements for private employers in Kentucky. This Q&A addresses statutory and common law claims that may be released in a valid and enforceable written agreement as well as employment claims or specific contract language that should be included or excluded. Federal, local or municipal law may impose additional or different requirements. Answers to questions can be compared across a number of jurisdictions (see Employment Claims in Release Agreements: State Q&A Tool).

A Q&A guide to release of claims agreements for private employers in Maine. This Q&A addresses statutory and common law claims that may be released in a valid and enforceable written agreement as well as employment claims or specific contract language that should be included or excluded.  Federal, local or municipal law may impose additional or different requirements. Answers to questions can be compared across a number of jurisdictions (see Employment Claims in Release Agreements: State Q&A Tool).

A Q&A guide to release of claims agreements for private employers in Massachusetts. This Q&A addresses statutory and common law claims that may be released in a valid and enforceable written agreement as well as employment claims or specific contract language that should be included or excluded. Federal, local or municipal law may impose additional or different requirements. Answers to questions can be compared across a number of jurisdictions (see Employment Claims in Release Agreements: State Q&A Tool).

A Q&A guide to release of claims agreements for private employers in Minnesota. This Q&A addresses statutory and common law claims that may be released in a valid and enforceable written agreement as well as employment claims or specific contract language that should be included or excluded. Federal, local or municipal law may impose additional or different requirements. Answers to questions can be compared across a number of jurisdictions (see Employment Claims in Release Agreements: State Q&A Tool).

A Q&A guide to release of claims agreements for private employers in Missouri. This Q&A addresses statutory and common law claims that may be released in a valid and enforceable written agreement as well as employment claims or specific contract language that should be included or excluded.  Federal, local or municipal law may impose additional or different requirements. Answers to questions can be compared across a number of jurisdictions (see Employment Claims in Release Agreements: State Q&A Tool).

A Q&A guide to release of claims agreements for private employers in New Hampshire. This Q&A addresses statutory and common law claims that may be released in a valid and enforceable written agreement as well as employment claims or specific contract language that should be included or excluded. Federal, local or municipal law may impose additional or different requirements. Answers to questions can be compared across a number of jurisdictions (see Employment Claims in Release Agreements: State Q&A Tool).

A Q&A guide to release of claims agreements for private employers in New Mexico. This Q&A addresses statutory and common law claims that may be released in a valid and enforceable written agreement, as well as employment claims or specific contract language that should be included or excluded. Federal, local or municipal law may impose additional or different requirements. Answers to questions can be compared across a number of jurisdictions (see Employment Claims in Release Agreements: State Q&A Tool).

A Q&A guide to release of claims agreements for private employers in North Carolina. This Q&A addresses statutory and common law claims that may be released in a valid and enforceable written agreement as well as employment claims or specific contract language that should be included or excluded. Federal, local or municipal law may impose additional or different requirements. Answers to questions can be compared across a number of jurisdictions (see Employment Claims in Release Agreements: State Q&A Tool).

A Q&A guide to release of claims agreements for private employers in Oklahoma.  This Q&A addresses statutory and common law claims that may be released in a valid and enforceable written agreement as well as employment claims or specific contract language that should be included or excluded.  Federal, local or municipal law may impose additional or different requirements.  Answers to questions can be compared across a number of jurisdictions (see Employment Claims in Release Agreements: State Q&A Tool). 

A Q&A guide to release of claims agreements for private employers in Pennsylvania. This Q&A addresses statutory and common law claims that may be released in a valid and enforceable written agreement as well as employment claims or specific contract language that should be included or excluded. Federal, local or municipal law may impose additional or different requirements. Answers to questions can be compared across a number of jurisdictions (see Employment Claims in Release Agreements: State Q&A Tool).

A Q&A guide to release of claims agreements for private employers in South Carolina. This Q&A addresses statutory and common law claims that may be released in a valid and enforceable written agreement as well as employment claims or specific contract language that should be included or excluded. Federal, local or municipal law may impose additional or different requirements. Answers to questions can be compared across a number of jurisdictions (see Employment Claims in Release Agreements: State Q&A Tool).

A Q&A guide to release of claims agreements for private employers in Texas. This Q&A addresses statutory and common law claims that may be released in a valid and enforceable written agreement as well as employment claims or specific contract language that should be included or excluded. Federal, local or municipal law may impose additional or different requirements. Answers to questions can be compared across a number of jurisdictions (see Employment Claims in Release Agreements: State Q&A Tool).

A Q&A guide to release of claims agreements for private employers in Virginia. This Q&A addresses statutory and common law claims that may be released in a valid and enforceable written agreement as well as employment claims or specific contract language that should be included or excluded.  Federal, local or municipal law may impose additional or different requirements. Answers to questions can be compared across a number of jurisdictions (see Employment Claims in Release Agreements: State Q&A Tool).

A Q&A guide to release of claims agreements for private employers in West Virginia. This Q&A addresses statutory and common law claims that may be released in a valid and enforceable written agreement as well as employment claims or specific contract language that should be included or excluded. Federal, local or municipal law may impose additional or different requirements. Answers to questions can be compared across a number of jurisdictions (see Employment Claims in Release Agreements: State Q&A Tool).

A Q&A guide to state versions of the federal Worker Adjustment and Retraining Notification (WARN) Act for private employers in Alabama. This Q&A addresses notice requirements in cases of plant closings and mass layoffs. Federal, local or municipal law may impose additional or different requirements. Answers to questions can be compared across a number of jurisdictions (see Mini-WARN Acts: State Q&A Tool).

A Q&A guide to state versions of the federal Worker Adjustment and Retraining Notification (WARN) Act for private employers in Arkansas. This Q&A addresses notice requirements in cases of plant closings and mass layoffs. Federal, local or municipal law may impose additional or different requirements. Answers to questions can be compared across a number of jurisdictions (see Mini-WARN Acts: State Q&A Tool).

A Q&A guide to state versions of the federal Worker Adjustment and Retraining Notification (WARN) Act for private employers in Colorado. This Q&A addresses notice requirements in cases of plant closings and mass layoffs. Federal, local or municipal law may impose additional or different requirements. Answers to questions can be compared across a number of jurisdictions (see Mini-WARN Acts: State Q&A Tool).

A Q&A guide to state versions of the federal Worker Adjustment and Retraining Notification (WARN) Act for private employers in the District of Columbia. This Q&A addresses notice requirements in cases of plant closings and mass layoffs. Federal, local or municipal law may impose additional or different requirements. Answers to questions can be compared across a number of jurisdictions (see Mini-WARN Acts: State Q&A Tool).

A Q&A guide to state versions of the federal Worker Adjustment and Retraining Notification (WARN) Act for private employers in Georgia. This Q&A addresses notice requirements in cases of plant closings and mass layoffs. Federal, local or municipal law may impose additional or different requirements. Answers to questions can be compared across a number of jurisdictions (see Mini-WARN Acts: State Q&A Tool).

A Q&A guide to state versions of the federal Worker Adjustment and Retraining Notification (WARN) Act for private employers in Illinois. This Q&A addresses notice requirements in cases of plant closings and mass layoffs. Federal, local or municipal law may impose additional or different requirements. Answers to questions can be compared across a number of jurisdictions (see Mini-WARN Acts: State Q&A Tool).

A Q&A guide to state versions of the federal Worker Adjustment and Retraining Notification (WARN) Act for private employers in Iowa. This Q&A addresses notice requirements in cases of plant closings and mass layoffs. Federal, local or municipal law may impose additional or different requirements. Answers to questions can be compared across a number of jurisdictions (see Mini-WARN Acts: State Q&A Tool).

A Q&A guide to state versions of the federal Worker Adjustment and Retraining Notification (WARN) Act for private employers in Kentucky. This Q&A addresses notice requirements in cases of plant closings and mass layoffs. Federal, local or municipal law may impose additional or different requirements. Answers to questions can be compared across a number of jurisdictions (see Mini-WARN Acts: State Q&A Tool).

A Q&A guide to state versions of the federal Worker Adjustment and Retraining Notification (WARN) Act for private employers in Maine. This Q&A addresses notice requirements in cases of plant closings and mass layoffs. Federal, local or municipal law may impose additional or different requirements. Answers to questions can be compared across a number of jurisdictions (see Mini-WARN Acts: State Q&A Tool).

A Q&A guide to state versions of the federal Worker Adjustment and Retraining Notification (WARN) Act for private employers in Massachusetts. This Q&A addresses notice requirements in cases of plant closings and mass layoffs. Federal, local or municipal law may impose additional or different requirements. Answers to questions can be compared across a number of jurisdictions (see Mini-WARN Acts: State Q&A Tool).

A Q&A guide to state versions of the federal Worker Adjustment and Retraining Notification (WARN) Act for private employers in Minnesota. This Q&A addresses notice requirements in cases of plant closings and mass layoffs. Federal, local or municipal law may impose additional or different requirements. Answers to questions can be compared across a number of jurisdictions (see Mini-WARN Acts: State Q&A Tool).

A Q&A guide to state versions of the federal Worker Adjustment and Retraining Notification (WARN) Act for private employers in Missouri. This Q&A addresses notice requirements in cases of plant closings and mass layoffs. Federal, local or municipal law may impose additional or different requirements. Answers to questions can be compared across a number of jurisdictions (see Mini-WARN Acts: State Q&A Tool).

A Q&A guide to state versions of the federal Worker Adjustment and Retraining Notification (WARN) Act for private employers in Nevada. This Q&A addresses notice requirements in cases of plant closings and mass layoffs. Federal, local or municipal law may impose additional or different requirements. Answers to questions can be compared across a number of jurisdictions (see Mini-WARN Acts: State Q&A Tool).

A Q&A guide to state versions of the federal Worker Adjustment and Retraining Notification (WARN) Act for private employers in New Jersey. This Q&A addresses notice requirements in cases of plant closings and mass layoffs. Federal, local or municipal law may impose additional or different requirements. Answers to questions can be compared across a number of jurisdictions (see Mini-WARN Acts: State Q&A Tool).

A Q&A guide to state versions of the federal Worker Adjustment and Retraining Notification (WARN) Act for private employers in New York. This Q&A addresses notice requirements in cases of plant closings and mass layoffs. Federal, local or municipal law may impose additional or different requirements. Answers to questions can be compared across a number of jurisdictions (see Mini-WARN Acts: State Q&A Tool).

A Q&A guide to state versions of the federal Worker Adjustment and Retraining Notification (WARN) Act for private employers in Ohio. This Q&A addresses notice requirements in cases of plant closings and mass layoffs. Federal, local or municipal law may impose additional or different requirements. Answers to questions can be compared across a number of jurisdictions (see Mini-WARN Acts: State Q&A Tool).

A Q&A guide to state versions of the federal Worker Adjustment and Retraining Notification (WARN) Act for private employers in Oregon. This Q&A addresses notice requirements in cases of plant closings and mass layoffs. Federal, local or municipal law may impose additional or different requirements. Answers to questions can be compared across a number of jurisdictions (see Mini-WARN Acts: State Q&A Tool).

A Q&A guide to state versions of the federal Worker Adjustment and Retraining Notification (WARN) Act for private employers in South Carolina. This Q&A addresses notice requirements in cases of plant closings and mass layoffs. Federal, local or municipal law may impose additional or different requirements. Answers to questions can be compared across a number of jurisdictions (see Mini-WARN Acts: State Q&A Tool).

A Q&A guide to state versions of the federal Worker Adjustment and Retraining Notification (WARN) Act for private employers in Texas. This Q&A addresses notice requirements in cases of plant closings and mass layoffs. Federal, local or municipal laws may impose additional or different requirements. Answers to questions can be compared across a number of jurisdictions (see Mini-WARN Acts: State Q&A Tool).

A Q&A guide to state versions of the federal Worker Adjustment and Retraining Notification (WARN) Act for private employers in Virginia. This Q&A addresses notice requirements in cases of plant closings and mass layoffs. Federal, local or municipal law may impose additional or different requirements. Answers to questions can be compared across a number of jurisdictions (see Mini-WARN Acts: State Q&A Tool).

A Q&A guide to state versions of the federal Worker Adjustment and Retraining Notification (WARN) Act for private employers in West Virginia. This Q&A addresses notice requirements in cases of plant closings and mass layoffs. Federal, local or municipal law may impose additional or different requirements. Answers to questions can be compared across a number of jurisdictions (see Mini-WARN Acts: State Q&A Tool).

This chapter considers current trends in the termination of employees, particularly in the negotiation of severance and compromise agreements, in Finland, France, Germany, Hong Kong, Italy, Spain, Sweden and the UK (England and Wales).

This Law Firm Publication by Thompson Hine LLP discusses a new Ohio law requiring health care entities to send a notice of termination of a physician's employment to each patient who received services from the physician during the two years preceding the date of termination, subject to certain exceptions. The law, Ohio Rev. Code § 4731.228, is effective March 22, 2013.

California Governor Jerry Brown signed multiple employment-related bills into law in September 2012, covering such areas as wage payment laws and notification requirements, anti-discrimination laws and social media laws.

The Occupational Safety and Health Administration (OSHA) has issued its final rule on whistleblower protections under the Surface Transportation Assistance Act of 1982 (STAA), as amended by the 9/11 Commission Act of 2007.

In United Steel Workers v. United States Steel Corp., the US Court of Appeals for the Eighth Circuit held that the economic crisis of late 2008, together with US Steel's dramatic decline in customer orders, was an unforseeable business circumstance under the Worker Adjustment and Retraining Notification Act (WARN Act). The Eighth Circuit also held that the employer's WARN Act notice was sufficient under the WARN Act's unforeseen business circumstances exception.

This Jackson Lewis LLP memorandum analyzes a recent Washington State Court of Appeals decision to vacate an arbitration award that reinstated an employee who had been terminated for hanging a noose in the vicinity of an African American co-worker. The employee filed a union grievance after his termination for violating the employer's anti-harassment policy, and the arbitrator ordered his reinstatement after a brief suspension. In a case of first impression, the Washington Court of Appeals held that Washington state has a dominant public policy against employment discrimination, as articulated by the Washington Law against Discrimination, and the arbitrator's decision improperly limited the employer's ability to  comply with Washington's anti-discrimination laws.