Avoid legal pitfalls of ending employment contracts.
Employers are often faced with the need to terminate an employee, whether for performance reasons, misconduct, or as part of a reduction in force. Before implementing any employment terminations, employers should be aware of the risks of doing so and the steps they should take prior to the employment termination to limit legal exposure and comply with applicable laws. Employers who do not understand the at-will employment doctrine and its interaction with various anti-discrimination laws increase their exposure to liability for employee terminations. This presentation will provide employers with an overview of the 'dos and don'ts' of terminating employees so that they can mitigate legal risk, including how to document performance and disciplinary issues and related terminations, as well as the selection processes and logistics for implementing a reduction-in-force.
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Agenda
Introduction: Terminating Employees With Employment Contracts
- How Does At-Will Employment Differ From an Employment Contract?
- What Does That Mean for Employers Looking to Terminate Employees?
Best Practices for Terminations Generally
- Complying With Applicable Law (Including Payment of Final Wages and Separation Notices)
- Complying With the Terms of the Employment Agreement
- Determining Whether to Offer a Separation Agreement
- Data and Information Security
- References
Terminating the Employment Relationship for Performance Reasons
- Documenting Performance Issues
- Performance Improvement Plans
- Communicating the Termination
Terminating the Employment Relationship for Disciplinary Reasons
- Maintaining and Consistently Enforcing Company Policies
- Documenting and Communicating Disciplinary Issues
- Communicating the Termination
Reductions-In-Force
- Planning the RIF
- Determining the Selection Process and Separation Package
- Making the Selections and Evaluating the Legal Risk of Selections
- Disparate Impact Analysis
- Individual Due Diligence
- WARN Analysis
- Implementing the RIF
- Preparing All Required Documents
- Communicating the RIF
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Credits
OnDemand Course
This course was last revised on February 23, 2023.
Call 1-866-352-9540 for further credit information.
- ASA 1.0
- This program may qualify for 1.0 continuing education hour(s) towards maintaining your ASA credential. Please contact ASA for more information at [email protected]. Please retain proof of attendance in the event your CE record is audited.
- AK CLE 1.0
- Alaska attorneys may receive 1.0 hours of continuing legal education for completing this program. Please contact the Alaska Bar Association or go to www.alaskabar.org for details regarding reciprocity with other states.
- AL CLE 1.1
- This course or a portion thereof has been approved by the Alabama State Mandatory Continuing Legal Education Commission for a maximum of 1.1 hours credit.
- AR CLE 1.0
- This course has been approved for 1.0 hours of CLE by the Arkansas CLE Board.
- Arizona CLE 1.0
- The Arizona State Bar does not pre-approve or pre-certify MCLE programs. However, records of this program and attendance will be maintained by Lorman Education Services for auditing purposes. This activity may qualify for up to 1.0 hours toward your annual CLE requirement for the State Bar of Arizona.
- CA MCLE 1.0
- Lorman Education Services is a State Bar of California approved MCLE sponsor and this course qualifies for 1.0 CLE hours of participatory credit.
- CT CLE 1.0
- Neither the Connecticut Judicial Branch nor the Commission on Minimum Continuing Legal Education approve or accredit CLE providers or activities. This course has been approved for CLE credit in jurisdictions aside from CT and therefore it automatically meets the content and delivery requirements in Connecticut. Credit is based on a 60 minute credit hour and shall be awarded as follows: 1.0 CLE credit(s).
- GA CLE 1.0
- This program has been approved by the Georgia Commission on Continuing Lawyer Competency for 1.0 CLE hours.
- HI CLE 1.0
- This program was approved by the Hawaii State Board of Continuing Legal Education for 1.0 CLE credit hours.
- MO CLE 1.3
- This course qualifies for self-study CLE credit in Missouri.
- ND CLE 1.0
- North Dakota CLE policy does not allow for pre-approval of any self-study courses. This course may qualify for up to 1.0 hours of CLE credit.
- NH MCLE 1.1
- NH MCLE does not approve or accredit CLE activities for the NH Minimum CLE requirement. Lorman Education Services believes this Ondemand course meets the requirement of NH Supreme Court Rule 53 and may qualify for CLE credit(s). Program Length: 67 Minutes.
- NV CLE 1.0
- This program has been approved by the Nevada Board of Continuing Legal Education for 1.0 CLE hours.
- NY CLE 1.0 including Areas of Professional Practice 1
- This course has been approved in accordance with the requirements of the New York Continuing Legal Education Board for up to a maximum of 1.0 credit hours in the area(s) of Areas of Professional Practice for 1.00 hour. Each hour may be counted only as satisfying one category of credit. Duplicate credit for the same hour of instruction is not permitted. This course qualifies for both established and newly admitted attorneys. Lorman Education- Noggin Guru, Inc. has a financial hardship guideline. Please contact customer service at 1.866.352.9539 for instructions on how to apply.
- RI CLE 1.0
- This program has been approved by the Rhode Island Mandatory Continuing Legal Education Commission for 1.0 hours of CLE credit.
- VA CLE 1.0
- This program has been approved by the Virginia Mandatory Continuing Legal Education Board for 1.0 CLE credit hours.
- VT CLE 1.0
- This self-study program has been approved by the Mandatory Continuing Legal Education Board of Vermont for 1.0 hour(s) of CLE credit. Please note: Attorneys may only claim 12 credits per compliance period in this format. This course is considered "Non-Moderated Programming without Interactivity".
- WA CLE 1.0
- This program has been approved by the Washington State Board of Continuing Legal Education for 1.0 hours of A/V credit under the Law & Legal Procedure category.
HR Certification Institute 1.0
- This E-Learning program has been pre-approved for 1.0 (General) recertification credit hours toward aPHR®, aPHRi(TM), PHR®, PHRca®, SPHR®, GPHR®, PHRi(TM), and SPHRi(TM) recertification through HR Certification Institute® (HRCI®). For more information about certification or recertification, please visit the HR Certification Institute website at www.hrci.org.
SHRM 1.0
- Lorman Education Services is recognized by SHRM to offer Professional Development Credits (PDCs) for the SHRM-CPSM or SHRM-SCPSM. This program is valid for 1.0 PDC(s) for the SHRM-CP or SHRM-SCP.
To earn each credit Lorman offers through the OnDemand learning platform, you need to watch 100% of the program. Also, for certain credits you will need to fulfill additional requirements which will be displayed on the "credits" tab when viewing the course.
- Those applying for AIA and HRCI must view 100% of the program and answer the questions following the program.
Virginia MCLE requirements do not allow approval for programs that do not include an audio or audiovisual component.
This program was previously offered as a live webinar. Virginia MCLE requirements do not allow approval for attendance at duplicate programs.
This program does NOT qualify, nor meet the National Standard for NASBA accreditation.
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Faculty
Eric I. Emanuelson, Jr.
Epstein Becker & Green, P.C.
- Associate, in the Employment, Labor & Workforce Management practice, in the Washington, D.C. office of Epstein Becker Green, P.C.
- Provides counsel to multi-state employers on all facets of employment law
- Has conducted webinars on various employment issues, including Washington, D.C.’s Non-Compete Agreement Ban
- Author of several publications pertaining to new Federal and State employment legislation
- Recognized in Best Lawyers: Ones to Watch, 2024 for Labor and Employment Law – Management
- Education: American University, Washington College of Law, cum laude
- May be contacted at [email protected]
Ann Knuckles Mahoney
Epstein Becker & Green, P.C.
- Attorney in the Employment, Labor & Workforce Management practice in the Nashville office of Epstein Becker & Green, P.C.
- Counsels employers on how to comply with employment-related laws at the federal, state, and local level
- Advises employers on all facets of the employment relationship, from pre-employment considerations and hiring to terminations and post-employment restrictions
- Counsels employers with respect to the avoidance of employment-related disputes, employee discipline, leaves of absence, accommodation requests, and termination of employment (including voluntary and involuntary reductions in force)
- Prepares employment, consulting, and separation agreements; employment applications and background check forms; employee handbooks; and stand-alone policies
- Previously worked as a judicial intern for the Honorable Margo K. Brodie in the U.S. District Court for the Eastern District of New York
- J.D. degree, Brooklyn Law School; B.S. degree, University of Pennsylvania, Wharton School
- Can be contacted at 615-561-6041 or [email protected]
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
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