Termination of Employment

This Note explains the application of Internal Revenue Code Section 409A, relating to nonqualified deferred compensation plans, to various types of severance benefits. While some severance payments may be exempt from Section 409A because they qualify as short-term deferrals or fall under another exception explained in the Note, Section 409A needs to be considered and addressed whenever severance is being offered to ensure that it is structured in a manner that does not violate Section 409A.

This Note addresses employee termination best practices, including termination protocols and practical tips. This Note addresses federal law. For information on state law requirements, see the State Q&A Tools under Related Content to the right.

This Note describes trade secrets and confidential information protections available to employers. It examines trade secret definitions and legal recourse, including misappropriation, tortious interference and breach of duty of loyalty and/or fiduciary duty claims. It also explores relevant restrictive covenants and best practices. This Note provides a general overview of federal law in this area. For information on state law, see the State Law Q&A Tools under Related Content to the right.

A standard form for interviewing exiting employees. This Standard Document is based on federal law. This Standard Document has integrated notes with important explanations and drafting tips. For information on state law requirements, see the State Q&A Tools under Related Content to the right.

A California-compliant 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. It is based on California law and is intended for use with employees or businesses located in California. This Standard Document has integrated notes with important explanations and drafting tips.

A sample notice that employers must provide to non-unionized employees in the event of 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 further information about states with mini-WARN Acts, see the State Q&A Tool under Related Content to the right.

A sample notice that employers must provide to each union representing its employees 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 further information about states with mini-WARN Acts, see the State Q&A Tool under Related Content to the right.

This Standard Clause can be included in a collective bargaining agreement (CBA) to set out standards for, and reserve rights for employers to, discipline and discharge union-represented employees. It is based on the National Labor Relations Act (NLRA), but may be used by private sector employers governed by another federal law or public sector employers. This Standard Clause has integrated drafting notes with important explanations and negotiating tips.

A Checklist of best practices for employee discipline, including for poor performance, inappropriate conduct, policy violation and unlawful activity, as well as for creating related policies and procedures.

A Checklist of legal issues to consider when an employment relationship ends through an employee resignation or involuntary termination. This Checklist addresses exit interviews, severance considerations and protection of confidential and trade secret information. It applies to a private, non-unionized workforce and addresses federal law. For more information about state law requirements, see the State Q&A Tools under Related Content to the right.

This Checklist outlines the advantages and disadvantages of maintaining a formal severance pay policy and of the policy complying with the Employee Retirement Income Security Act of 1974 (ERISA).

A checklist outlining the key issues for private employers to consider when contemplating a plant closing. This checklist addresses federal law. In particular, this checklist describes minimizing the risk of discrimination claims, immigration and union considerations, reporting and notice obligations and winding-down, severance, benefits and communications considerations.

This Checklist outlines the provisions that an employer should consider when designing and implementing a severance pay plan.

This tool enables subscribers to search and compare PLC's Employment Claims in Release Agreements State Q&A resources. Questions and answers address state-specific claims to identify in release agreements, to omit from release agreements 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 Employment Claims in Release Agreements, see State Q&A Guide to Employment Claims in Release Agreements. 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 Alabama. 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 Arkansas. 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 Colorado. 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 Article discusses post-termination non-competition provisions in executive employment agreements. It includes an analysis of the law in California, Florida, Illinois, New York and Texas on the reasonableness of duration and geographic scope restrictions, as well as examples of recent executive employment agreements with links to each underlying agreement. This Article also includes an expert Q&A with Katherine E. Perrelli of Seyfarth Shaw LLP, discussing considerations for employers with an online presence and the use of other types of restrictive covenants.

Multinational companies are increasingly finding that a failure to manage employment liability risks on a global basis can lead to losses ranging from court awards or penalties to diminishment of corporate and brand image. This step-by-step guide provides a template for establishing global employment best practice standards and policies.

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.