Offboarding: Strategies for a Successful Goodbye

Agenda

Introduction and Preparing for Exit

• Understand and Document the Reasons for Termination (If Involuntary)
• Collect and Review All Documents Relating to the Employee's Employment, Including Any Relevant Employment Contracts or Severance Agreements
• Consider Any Specific Rights or Obligations of Employee and/or Employer

General Exit Procedures Before Final Day

• Receive Resignation Letter or Determine If Written Termination Notice Is Required
• Determine the Timing of Exit
• If Immediate Exit, Consider Security and Other Issues
• Notify Employee If Involuntary Termination
• Notify Others of the Employee's Exit/Planned Exit
• Hold Exit Interview If Resignation

Severance and/or Release?

• Determine If Severance Must Be Paid Pursuant to a Contract or Applicable Laws
• Even If No Obligation to Provide Severance, Consider Doing so in Conjunction With a Release of Claims
• Consider What Terms to Include in a Release

Benefits and Other Issues

• Determine When Benefits Will Cease
• Provide COBRA Notice
• Determine Final Pay/Other Wages to Be Paid out (e.g., Vacation Time)
• Determine Any Trade Secret/Restrictive Covenant Issues
• Address Any Immigration Issues

On Day of Termination

• Address Security/Property Issues, Including Return of All Employer Property and Discontinuing Access to Employer Networks
• Determine Final Pay and Other Payment Issues
• Determine Status of Transfer of Duties

After Termination

• Determine How to Address Any Concerns From Remaining Employees
• Determine How to Respond to References

Questions and Answers

Credits

Faculty

Gregory P. Abrams

Tucker Ellis LLP

• Partner at Tucker Ellis LLP
• Represents and counsels employers in all facets of labor and employment law
• Has supported multiple national employers in developing and revising employment policies for compliance in all states in which they operate
• Experienced litigator who regularly defends companies in state and federal courts as well as in front of administrative agencies throughout the country in all types of employment litigation, including class actions and collective actions, wage and hour matters, discrimination claims, noncompetition claims, trade secrets misappropriation, and other similar claims
• Regularly presents at CLEs and other speaking engagements regarding all facets of the employment relationship
• Has written and published extensively on employment and privacy-related issues and has been quoted and interviewed by multiple national media outlets on these topics
• Admitted to practice law in Illinois
• Graduate, University of Chicago Law School and University of Pennsylvania
• Can be contacted at [email protected] or 312-256-9444

Daniel Dorson

Faegre Drinker Biddle & Reath LLP

• Associate at Faegre Drinker Biddle & Reath LLP
• Represents and advises employers on labor and employment issues with an emphasis on union relations and organizing; defends employers in state and federal courts, arbitration, and administrative hearings involving a variety of labor employment issues, including employment discrimination and noncompetition claims; and assists employers with union relation issues before the National Labor Relations Board; prior to joining Faegre Drinker Biddle & Reath, LLP, Daniel worked in professional sports including clerking for the National Football League’s Management Council
• Regularly researches and writes client updates and alerts for the firm’s labor and employment group
• Admitted to practice law in New York
• Graduate, Arizona State’s Sandra Day O’Connor College of Law and Indiana University
• Can be contacted at 212-248-3254 or [email protected]

Kristin M. Halsing

Faegre Drinker Biddle & Reath LLP

• Associate at Faegre Drinker Biddle & Reath LLP
• Represents and counsels employers in all facets of labor and employment law, including drafting employee handbooks and standalone policies, evaluating and advising on internal policies, protocols, and practices, conducting internal investigations, and preparing severance and separation agreements.
• Also strategically advises employers on day-to-day employment issues ranging from separations, leaves of absence, and performance management.
• Also represents employers in state and federal courts, arbitration, and administrative hearings involving all aspects of labor and employment matters, including wage-and-hour class and representative actions, discrimination, harassment, wrongful termination, and retaliation claims
• Regularly presents at CLEs and other speaking engagements regarding all facets of the employment relationship
• Admitted to practice law in California
• Graduate, of UCLA School of Law and Georgetown University
• Can be contacted at [email protected] or 310-203-4036