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Product ID: 406019EAU
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Company Protection When an Employee Leaves or is Terminated

OnDemand Webinar (96 minutes)

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 RIFs/layoffs; 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.


Kenneth P. Carlson, Jr., Constangy Brooks, Smith & Prophete LLP William J. McMahon, IV, Constangy Brooks, Smith & Prophete LLP


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