|
▪ AGC HR |
|
▪ Training |
Updated
|
|
Newsletter |
|
▪ Sign Up |
|
Calendar/Updates |
|
▪ Alerts |
|
▪ Trends |
|
▪ Links |
 | ||||||||||
| ||||||||||
|
|
<< Back to FAQ/Fact list Q: What legislation should I review in regards to terminating an employee? Many of the risks inherent in terminating an employee have to do with possible claims of discrimination and/or wrongful discharge. There are additional laws which impact the manner in which we may terminate an employee, and steps we need to take upon termination. It is impossible to list all laws that might cover this issue, but here are the more important ones. Some major laws dealing specifically with discrimination: Title VII of the Civil Rights Act and amendments, Pregnancy Discrimination Act, American’s with Disabilities Act, Age Discrimination in Employment Act, Family and Medical Leave Act, Immigration Reform and Control Act, Workers’ Compensation, OSHA, and a variety of state and local laws. Basically, you cannot terminate employment based on an area protected by law, such as their race, age, use of family and medical leave, etc. You also need to be careful of an adverse impact upon such a class of employees, such as a layoff that impacts only workers who are over 40 years old. Other laws that impact termination of employment: Workers’ Adjustment and Retraining Notification Act (WARN) dealing with large layoffs or plant closings, Consolidated Omnibus Budget Reconciliation Act (COBRA) dealing with employee benefits and notification to employees and covered dependents, Fair Labor Standards Act and state wage and hour laws dealing with final pay issues. Also, some state require a written service letter at the request of the employee, which must provide the reason for termination. Check all state and local laws which may apply.
|