GMK Law Logo

Employment with the company can terminate for a variety of reasons – and can be the result of action taken by the employer or the employee.  Particularly in those cases in which the employer discharges the employee there are a number of issues that should be reviewed.  In this audit we review your recent terminations and your termination process – how the decision to terminate is made and by whom; “red flag” issues; notifying the employee of the decision; and possible aftermath.  We look for potential problems and determine whether the termination process meets federal and state legal requirements. 

The following are various documents, practices and processes reviewed during this audit.

Layoff/RIF
WARN Act
California WARN Act
Exit Incentives
RIF Benefits
Releases
Discrimination Issues
Outplacement
ERISA Issues
Tax Considerations
 
Voluntary Quit
Notice
Constructive Discharge
 
Discharge – Basic Legal Issues
Employment-at-Will
Express/Implied Contract
Statutory Prohibitions
Public Policy
Tort Theories 
 
Investigation
Designating Investigator
     (third party considerations)
Witnesses
     Interview procedures
     Confidentiality
     No retaliation
Documents
     Company policies
     Job descriptions
     Memoranda
     Guidelines
     Performance Reviews
 
Decision Making
Review factual conclusions
Determine credibility
Determine action
Review employee file
Legal review (as necessary)          
 
Notification to Employee
Setting
Due Process
State Reasons/Answer Questions
Employee Reaction Issues
Escort Policy
 
Severance Agreement (if utilized)
 
Termination Obligations
Payment of Wages Due
     Final salary/wages
     Accrued vacation
     Bonuses/commissions
     Other accrued benefits
Return of Company Equipment/Uniforms
401k Forms
Verify Current Address
Information to Employee
     EDD booklet (UI)
     COBRA notice
     HIIPP notice
     Other benefit information
     Change of status notice
 
Exit Interview