Termination of Employment (Management)
Guiding management through strategic separations is our expertise. Our best practices have been developed and implemented.
It doesn’t have to be a painful process. Contact our firm for proven solutions.
How Should a Business Terminate an Employee In Order to Avoid Litigation?
First, our firm recommends that the company review all documents related to the upcoming termination with their legal counsel to ensure that the termination is lawful. These documents include emails between the company and the employee, a copy of the employee’s personnel file, and any other documents that the company would rely on to support the termination. Our firm reviews these documents and ensure there are no red flags with termination.
Second, our firm analyzes whether the employee is in a protected class and what laws apply to the company depending on its number of employees. For example, Title VII of the Civil Rights Act of 1964 applies to companies with 15 or more employees. Title VII covers discrimination based on certain protected classes, such as race and gender. Another law that we consider is the Age Discrimination in Employment Act (ADEA), which applies to companies with 20 or more employees, and covers employees that are 40 years old and up…Read More
What Specific Laws Should Tech Companies And Government Contractors Be Aware Of?
There are different laws tech companies and government contractors should be aware of.
I’ll address government contractors first. Of course, government contractors must comply with the Federal Acquisition Regulation (FAR). For example, the FAR mandates that government contractors maintain a drug free workplace. This has created some conflict for new state laws involving the legalization of marijuana. For example, in the District of Columbia marijuana is legal. When you combine the zero tolerance regime outlined in the FAR with full legalization, you can have a grey legal area where you need to seek legal counsel…Read More
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