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