Many employers have new hire packets and hiring procedures, but just as important, and often overlooked by employers, is to have a process for departing employees.
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It is important to ensure an employee departing the company provides all items back to the company and is provided any legally required documentation, and is a good opportunity to take steps to address potential liability. As I previously wrote about , employers should have a termination packet of documents that it is required to provide to separating employees, such as:. The Company should also consider generating its own forms requesting company property to be returned such as laptops, parking cards, keys, etc… from departing employees.
The law generally requires the employer comply with the following deadlines for providing final paychecks:. Evaluate the need for an exit interview. Not every situation would warrant conducting an exit interview. If the separation is not amicable it may make the situation worse if conducted, or it may be an opportunity to separate on a better note.
It simply depends on the situation.
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However, employers should consider whether it is needed to not and not simply have a policy not to conduct them. Under California law, severance is not required. However, employers can offer severance to employees for numerous reasons: If an employer offers severance payment to a departing employee, they should always have the severance agreement reviewed by an employment attorney to ensure that it contains a broad release of claims.
My previous article discussed in more detail issues about severance and severance agreements.
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Have established protocol for references and disclosing why the employee left the company within the company itself. Employers do this to avoid potential claims for misrepresentation, violation of privacy, and defamation. If employers provide more information about former employees, it should be done very carefully with the guidance of employment counsel.
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Employers should remind employees and management not to disclose this information to people in the company that do not have a reason to know. New mothers and fathers will each get two extra weeks off work to spend with their baby as part of reforms in Budget A postman with An Post fell out with his bosses over his refusal to take on his delivery round a packet measuring just over 40cm in length over his belief that it was too big for his bike. In a recent appeal to the Labour Court under the Unfair Dismissals Act, the case was heard of the summary dismissal of a ticket inspector who was alleged involved in an altercation with a customer.
The case is more interesting in that it includes, in some detail, the use of CCTV.
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A Ministerial Driver who alleged that he was unfairly dismissed after not providing sufficient proof for his expenses has had his claim rejected by the Workplace Relations Commission. Employers should take time to review their obligations and forms that are required for their particular industry or situation.
Communications about the terminated employee with others in the company and outside of the company. In order to prove a libel or slander claim, the employee must prove: More information about liable for slander claims can be read here.
Employers should take appropriate measures not to discuss the circumstances surrounding why an employee left the company with people within the company that do not have a need to know. Offering an employee some severance pay may cost the company money in the short-term, but could save a lot of time and money in the long run.
If the employer believes that there is a potential dispute with the employee, the employer may choose to pay some severance in exchange of a release of claims by the employee in order to avoid any potential litigation. If there is any potential for a dispute about any issues that arose during employment, entering into a severance agreement could be an effective way to avoid costly and time consuming litigation.