Terminations Audit
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 |
