BROADCASTS.com

Sometimes, you have to let someone go.\xa0 It sucks, its sad, and its also a legal minefield.\xa0 This episode addresses the checklist needed when you let someone go.\xa0 We are not going to really get into why you should fire someone, but rather we are going to dive into the steps you need to go through once the decision is made.
\n
\nInvoluntary Termination Checklist
\n
\n* First, as a reminder, discuss termination with management and your qualified legal counsel to ensure the termination is warranted and\xa0legally compliant. (on our show notes, we have a link to the EEOC policy’s to review prior to letting someone go.)
\n* Prepare the final pay check according to\xa0state requirements\xa0and \xa0confirm that the final wages will be ready for the employee, as applicable by state law.
\n* Prepare the appropriate separation forms:
\n
\n* State Unemployment forms/ pamphlets
\n* Termination letter
\n* Severance Agreement/Release of Claims, if applicableHere is a quick sidenote.\xa0 We are going to jump off and discuss what employees have the right to do when they receive a severance agreement:
\n
\n
\n
\nEmployee Checklist: What to Do When Your Employer Offers You a
\nSeverance Agreement:
\n
\n* Make sure that you understand the agreement
\n
\n* Read the agreement to see if it is clear and specific, or if it is confusing because it contains terms you do not understand.
\n* If you are 40 or older, inform your employer that the law requires your agreement to be written in a manner that makes it easy to understand. Usually this means that your agreement should not contain technical jargon or long, complex sentences.
\n
\n
\n* Check for deadlines and act promptly
\n
\n* The moment you are given a severance agreement, check to see if your employer gave you a deadline for accepting, or declining, the agreement. If you are 40 years old or older, federal law requires the employer to give you at least 21 days to review the agreement and make up your mind.
\n* If your employer has not given you a reasonable amount of time, or rushes your decision, this is a red flag. An employer who is fair will understand that you cannot review or make decisions about an important document on a moment\u2019s notice.
\n* If you are being rushed, ask for more time. Put your request in writing. If you are 40 or older and your employer is asking you for a decision in fewer than 21 days, remind the employer that the law requires you to be provided at least 21 days. (If you and at least one other person are being laid off in a reduction in force (RIF) at the same time, you must be given 45 days to consider the agreement.)
\n
\n
\n* Consider having an attorney review the severance agreement
\n
\n* Even if you are parting amicably with your employer, you may want to ask for advice about whether you should sign it, whether the terms are reasonable, and whether you should ask your employer to change any of the terms.
\n* If you decide that you want an attorney to review the agreement, promptly make an appointment. Do not wait until the last day before the deadline to review the severance agreement.
\n* If you are at least 40 years old, the agreement must advise you to consult with an attorney.
\n
\n
\n* Make sure you understand what you are giving up in exchange for severance pay or benefits
\n
\n* The main benefit to signing an agreement is that you will receive a cash payment or benefits in exchange for signing away your right to bring certain legal claims against your employer.
\n* Make sure that the agreement offers you...