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Company Protection When an Employee Leaves or is Terminated

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.

Runtime: 97 minutes
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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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More Program Information

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

OnDemand Webinar

This course was last revised on August 29, 2019.

Call 1-866-352-9540 for further credit information.

  • SHRM 1.5
     
  • Lorman Education Services is recognized by SHRM to offer Professional Development Credits (PDCs) for the SHRM-CPSM or SHRM-SCPSM. This program is valid for 1.5 PDC(s) for the SHRM-CP or SHRM-SCP. For more information about certification or recertification, please visit www.shrmcertification.org.
     

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

Audio & Reference Manual

  • Arizona CLE 1.5
     
  • CA MCLE 1.5
     
  • CT CLE 1.5
     
  • HI CLE 1.5
     
  • IL CLE 1.5
     
  • ME CLE 1.5
     
  • MT CLE 1.5
     
  • NJ CLE 1.8
     
  • NV CLE 1.5
     
  • VT CLE 1.5
     
  • WA CLE 1.5
     
  • WV MCLE 1.8
     
The CLE Code is ONLY a requirement when applying for CLE Credit in California (for participatory credit), Kansas, New Jersey or New York. Other states do not need to supply the CLE Code to apply for CLE credit.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

MP3 Download

  • Arizona CLE 1.5
     
  • CA MCLE 1.5
     
  • CT CLE 1.5
     
  • HI CLE 1.5
     
  • IL CLE 1.5
     
  • ME CLE 1.5
     
  • MT CLE 1.5
     
  • NJ CLE 1.8
     
  • NV CLE 1.5
     
  • VT CLE 1.5
     
  • WA CLE 1.5
     
  • WV MCLE 1.8
     
The CLE Code is ONLY a requirement when applying for CLE Credit in California (for participatory credit), Kansas, New Jersey or New York. Other states do not need to supply the CLE Code to apply for CLE credit.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

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More Program Information

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
  • Practice primarily involves employment law and litigation, trade secret and unfair competition law and litigation, drafting employment and noncompetition agreements, FLSA and wage/hour issues, 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, including a course on Trade Secrets and Unfair Competition
  • J.D. degree, Wake Forest University School of Law; M.Div. degree, 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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More Program Information

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.

All of your training, right here at Lorman.

Pay once and get a full year of unlimited training in any format, any time!

  • Live Webinars
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  • MP3 Downloads
  • Course Manuals
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Additional benefits include:

  • State Specific Credit Tracker
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* For audio recordings you only pay shipping

Questions? Call 877-296-2169 to speak with a real person.

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Product ID: 406019
Published 2019
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