Once the decision to terminate an employee has been made, certain business issues that have legal consequences must be addressed. This course provides basic training on how to terminate an employee without triggering legal liability in the process. How one addresses terminating an employee may be different depending on their legal status as well. The participant will learn to recognize the business issues that arise from termination and how best to address them. Basic employment laws at the federal and state level regarding the termination of employees will also be covered.
WHY SHOULD YOU ATTEND?
Although terminating employees is one of the more unpleasant aspects of business management and ownership, it is sometimes absolutely necessary. When necessary it should be performed in the most professional and ethical manner possible. Following proper procedures in terminating an employee not only softens the blow to the employee but can protect the business from potential litigation arising from the termination. The decision to terminate an employee sets into motion a series of duties the employer must handle responsibly in order to afford the most legal protection to the business.
AREA COVERED
- Determining the type of employee being terminated (At-Will, Government, Contract)
- Review of the company termination policy
- Understanding Federal & State laws related to wrongful termination
- Documenting the employee file to prepare for termination
- How to inform the employee of the termination decision
- Severance pay, waivers of legal rights, and unemployment claims
LEARNING OBJECTIVES
- Type of employees and the issues they present
- Employee termination policies
- Risk analysis
- Lay-offs vs. discharge for cause
- When is it illegal to fire an employee?
- Documenting performance issues
- Conducting the legal review
- Informing the employee
- The final paycheck
- Severance pay and unemployment claims
WHO WILL BENEFIT?
- Business owners/operators
- HR/personnel managers
- Department or unit managers
- Any manager or employee with the responsibility of terminating other employees
Although terminating employees is one of the more unpleasant aspects of business management and ownership, it is sometimes absolutely necessary. When necessary it should be performed in the most professional and ethical manner possible. Following proper procedures in terminating an employee not only softens the blow to the employee but can protect the business from potential litigation arising from the termination. The decision to terminate an employee sets into motion a series of duties the employer must handle responsibly in order to afford the most legal protection to the business.
- Determining the type of employee being terminated (At-Will, Government, Contract)
- Review of the company termination policy
- Understanding Federal & State laws related to wrongful termination
- Documenting the employee file to prepare for termination
- How to inform the employee of the termination decision
- Severance pay, waivers of legal rights, and unemployment claims
- Type of employees and the issues they present
- Employee termination policies
- Risk analysis
- Lay-offs vs. discharge for cause
- When is it illegal to fire an employee?
- Documenting performance issues
- Conducting the legal review
- Informing the employee
- The final paycheck
- Severance pay and unemployment claims
- Business owners/operators
- HR/personnel managers
- Department or unit managers
- Any manager or employee with the responsibility of terminating other employees
Speaker Profile
Melvin K. Patterson, an attorney licensed to practice before all state and federal courts in California, is General Counsel to the Cedrus Group, a family of international financial services firms with offices around the globe. He is a member of the Labor & Employment Section of the California State Bar and has been admitted to the United States District Court for the Northern District of California as well as the United States Ninth Circuit Court of Appeal. Mr. Patterson is experienced in Labor and Employment litigation and transactional matters in the U.S., Asia and the U.K. He has designed internal …
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