Termination Policy
Employers should have termination policies to ensure consistent treatment among
employees whose working relationship with the organization is ending, for
whatever reason. Voluntary terminations provide the employer with an opportunity
to review its management practices, while involuntary terminations present a
challenge to limit the employer’s liability for claims of wrongful discharge and
discrimination. (See also:
Employment-At-Will)
This policy discusses the various avenues of termination, i.e. resignation,
discharge and retirement, how to calculate turnover costs, paying vacation at
termination, general releases (waivers), exit interviews, return of employer
property, post employment references, and COBRA.
Topics in this policy include:
· Employer Rights and Termination Considerations
· Involuntary Terminations
· Written Notice
· Accrued Vacation Pay
· Employee Absence Without Notice
· Independent Review
· Notice of Involuntary Terminations
· Advance Notification by Employer
· General Releases
· Exit Interview
· Response to Resignation
· Bonuses, Incentive Pay, and Commissions
· Return of Employer Property
· Retirees and Former Employees
· Post-Employment References
· Liability for Employment Termination
· Termination of Public Employees
· Retaliatory Discharge
· Constructive Discharge
· Release Agreements
· Separated Employee Notice and Reporting
· Wages Due at Termination
· Deductions from Final Pay
· COBRA Continuation Coverage
· Termination Procedures
· Employees Returning from Military Leave
· Basic Definitions
· Qualifying Events
· What is Not a Qualifying Event
· Family and Medical Leave Act and COBRA
· Notice Requirements
· Duration of COBRA Coverage
· Type of Coverage
· Conversion Option
· Electing COBRA Coverage
· Coverage and Payment During the Election Period
· Termination of COBRA Coverage
· Paying for Coverage
· COBRA in Mergers and Acquisitions
· Sanctions for Noncompliance
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