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Live Webinar

90-minute live streaming program
  • August 29
  • 1:00 - 2:30 pm EST

Company Protection When an Employee Leaves or is Terminated

August 29

Gain a better understanding of the law and legal theories related to protecting company interests when an employee resigns or is terminated.

This topic addresses the law and legal theories related to protecting company interests when an employee resigns or is terminated – whether voluntarily or involuntarily. Topics include distinguishing between types of employee separations and their potential ramifications; the primary federal and state laws at issue in any resignation or termination; disciplinary and cause terminations; job eliminations and RIFs/layoffs; various concerns when separating employees while on ADA, FMLA or other approved leaves of absence; exit interviews and returning company confidential information and property; avoiding unfair competition through covenants not to compete and other restrictive covenants; and the numerous considerations involved when deciding whether and when to offer separation agreements and severance pay. Throughout the material, client counseling strategies and practical tips will be offered for applying these legal issues and principles when employees resign or are terminated from employment, with an overall objective of not only complying with applicable law, but also helping employers better protect their legitimate business interests in the process.

Learning Objectives

  • You will be able to describe and evaluate the different means of protecting your company’s confidential information.
  • You will be able to discuss the different laws applicable to employee resignations and terminations, including those employees on a leave of absence at the time of termination.
  • You will be able to identify common traps to avoid in internally describing the reason(s) for an employee’s resignation or termination.
  • You will be able to recognize key language to include in separation and release agreements.

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Why Lorman?

Over 32 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

Employment-At-Will vs. Contract Employees
Primary Laws – Federal and State
  • Discrimination
  • Retaliation
  • Wage Payment and Accrued PTO
  • Unemployment Compensation
Resignation vs. Termination
  • Voluntary and Involuntary
  • Coding in Company System
  • Rehire Eligibility
Disciplinary and Cause Terminations
  • Contract Employees
  • At-Will Employees
Job Eliminations and RIFs/Layoffs
Terminating Employees on ADA, FMLA or Other Approved Leaves of Absence
Exit Interviews
Returning Confidential Information and Company Property
Avoiding Unfair Competition
  • Covenants Not to Compete and Confidentiality Agreements
  • Trade Secret Law
  • Executing Restrictive Covenants When Employment Ends
Separation Agreements and Severance Pay
  • Whether, When and Why to Offer
    • Pros and Cons
    • Severance Pay Policies and Programs
  • Drafting Concerns
    • OWBPA and StateSpecific Requirements
    • Other Key Provisions
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Why Lorman?

Over 32 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

Live Webinar Registration

  • AIPB 1.5
     
  • This program is acceptable for 1.5 CPEC(s) towards the CB designation through the American Institute of Professional Bookkeepers (AIPB).
     
  • AL CLE 1.5
     
  • This course or a portion thereof has been approved by the Alabama State Mandatory Continuing Legal Education Commission for a maximum of 1.5 hours credit.
     
  • AR CLE 1.5
     
  • This course has been approved for 1.5 hours of CLE by the Arkansas CLE Board.
     
  • Arizona CLE 1.5
     
  • The State Bar of Arizona does not approve or accredit CLE activities for the Mandatory Continuing Legal Education requirement. This activity may qualify for up to 1.5 hours toward your annual CLE requirement for the State Bar of Arizona.
     
  • CA MCLE 1.5
     
  • Lorman Business Center, Inc. is a State Bar of California approved MCLE sponsor and this course qualifies for 1.5 CLE hours of participatory credit.
     
  • CT CLE 1.5
     
  • 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: 1.5 CLE credit(s).
     
  • GA CLE 1.5
     
  • This program has been approved by the Georgia Commission on Continuing Lawyer Competency for 1.5 CLE hours.
     
  • HI CLE 1.5
     
  • This program was approved by the Hawaii State Board of Continuing Legal Education for 1.5 CLE credit hours.
     
  • IL CLE 1.5
     
  • This course was approved for a total of 1.5 hours of MCLE Credit by the Illinois MCLE Board.
     
  • ME CLE 1.5
     
  • This course has been approved by the State of Maine Board of Overseers of the Bar. Lawyers who complete this course shall receive 1.5 hours of CLE credit under M. Bar R. 12.
     
  • MS CLE 1.5
     
  • This program has been approved by the Mississippi Commission on Continuing Legal Education for a maximum of 1.5 credit hours.
     
  • MT CLE 1.5
     
  • This program has been approved by the Montana Commission of Continuing Legal Education for a total of 1.5 CLE credits.
     
  • NH MCLE 1.5
     
  • NH MCLE does not approve or accredit CLE activities for the NH Minimum CLE requirement. Lorman Education Services believes this course meets the requirement of NH Supreme Court Rule 53 and may qualify for CLE credit(s). Program Length: 90 Minutes.
     
  • NJ CLE 1.8
     
  • This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 1.8 hours of total CLE credit.
     
  • NV CLE 1.5
     
  • This program has been approved by the Nevada Board of Continuing Legal Education for 1.5 CLE hours.
     
  • PA CLE 1.5
     
  • This Distance Learning program has been approved by the Pennsylvania Continuing Legal Education Board for 1.5 hours of substantive law, practice and procedure CLE credit.
     
  • RI CLE 1.5
     
  • This program has been approved by the Rhode Island Mandatory Continuing Legal Education Commission for 1.5 hours of CLE credit.
     
  • TN CLE 1.5
     
  • This program has been approved as a distance learning format by the Tennessee Commission on Continuing Legal Education for a maximum of 1.5 hours of credit.
     
  • VT CLE 1.5
     
  • This program has been approved by the Mandatory Continuing Legal Education Board of Vermont for 1.5 hours of CLE credit.
     
  • WA CLE 1.5
     
  • This program has been approved by the Washington State Board of Continuing Legal Education for 1.5 hours of Law & Legal Procedure credit.
     
  • WI CLE 1.5
     
  • This program has been approved by the Board of Bar Examiners for 1.5 hours for use toward the Wisconsin Mandatory CLE requirement.
     
  • WV MCLE 1.8
     
  • This program has been approved by the West Virginia State Bar MCLE Commission for 1.8 MCLE hours.
     
  • CPE 1.8 including Personnel/HR 1.8
     
  • Lorman Education Services is registered with the National Association of State Boards of Accountancy (NASBA) as a sponsor of continuing professional education on the National Registry of CPE Sponsors. State boards of accountancy have final authority on the acceptance of individual courses for CPE credit. Complaints regarding registered sponsors may be submitted to the National Registry of CPE Sponsors through its web site: https://www.nasbaregistry.org/cpas/complaints. For more information regarding administrative policies such as complaint and refund, please contact our offices at 866-352-9539. CPE Credit: Maximum Credit Hours: 1.8 each session (based on a 50 minute credit hour). You must attend at least 50 minutes to obtain credit. Field of Study: Personnel/HR for 1.8 hours. Prerequisite: basic knowledge of employment laws. Level of Knowledge: Intermediate. Teaching Method: Seminar/Lecture. Advance Preparation: None. Delivery Method: Group Internet Based. Please refer to the information in this brochure for outline, course content and objectives. Upon completion of this course, you will receive a certificate of attendance. Final approval of a course for CPE credit belongs with each state's regulatory board. Please note: In order to receive CPE credit for this course you MUST use the streaming audio option, as well as enable and complete the required progress checks.
     
  • Lorman Business Center, Inc. is a registered provider for CPA CPE through the State Education Department of New York, Sponsor number: 000640. The following course will carry the subject area of Advisory Services for 1.5 hours.
     

Who should attend?

This live webinar is designed for human resource managers, accountants, benefits and payroll professionals, business owners and managers, controllers, CFOs and attorneys.

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Why Lorman?

Over 32 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

Kenneth P. Carlson, Jr.

Kenneth P. Carlson, Jr.

Constangy Brooks, Smith & Prophete LLP

  • Partner with Constangy Brooks, Smith & Prophete LLP in Winston-Salem, North Carolina
  • Practices employment law and litigation, trade secret and unfair competition litigation, drafting employment and noncompetition agreements, FLSA and wage/hour issues; majority of practice now involves serving as a mediator for cases in those areas of law
  • Consistently named to North Carolina Super Lawyers and Business North Carolina’s annual Legal Elite for employment law and/or alternative dispute resolution
  • Consistently listed in Best Lawyers in America for employment law and/or alternative dispute resolution
  • Certified mediator with emphasis on mediating employment-related disputes, covenants not to compete and trade secret issues, FLSA and wage/hour issues, and ERISA denial of benefits cases
  • Adjunct professor at Wake Forest University School of Law
  • J.D. degree, Wake Forest University School of Law; M.A. degree of divinity, Yale University
  • Can be contacted at 336-721-6843 or [email protected]
William J. McMahon, IV

William J. McMahon, IV

Constangy Brooks, Smith & Prophete LLP

  • Partner with Constangy Brooks, Smith & Prophete LLP in Winston-Salem, North Carolina
  • Practices employment law and litigation, trade secret and unfair competition litigation, drafting employment and noncompetition agreements, ERISA and fiduciary litigation, FLSA and wage/hour issues, and employment tax issues (e.g., unemployment, allegations of independent contractor misclassification)
  • Consistently named to North Carolina Super Lawyers and Business North Carolina’s annual Legal Elite for employment law and/or employment litigation: defense
  • Adjunct professor at Wake Forest University School of Law (teaches employee benefits & pension law)
  • J.D. degree, cum laude, Wake Forest University School of Law
  • Can be contacted at 336-721-6860 or [email protected]
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Why Lorman?

Over 32 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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Product ID: 406019
Published 2019
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