Guide · Labor and Employment

Termination, Severance, and Final Pay: A Comprehensive Guide for Employees and Employers

42 U.S.C. § 2000

Type
Guide
Jurisdiction
National
Date
2024-10-21
Topic
Labor and Employment

This guide covers an employment termination from the decision that precedes it to the claim that may follow. Part 1 sets out the at-will default and the statutory and common-law exceptions built on top of it. Part 2 covers how an unlawful discharge is actually proved through burden shifting and pretext. Part 3 covers causation standards, which differ by statute. Part 4 covers constructive discharge. Part 5 covers severance agreements and what a release can and cannot waive. Part 6 covers the age waiver rules. Part 7 covers WARN, final pay, and continuation coverage. Parts 8 through 12 cover damages, mitigation, forum and exhaustion, employer practice, and the first week after a termination.

Termination, Severance, and Final Pay: A Comprehensive Guide for Employees and Employers

Labor and Employment > Termination and Severance | Published 21 October 2024 - Updated 17 February 2025 | UpLaw - uplaw.us

Most terminations are lawful, and most of the value in a termination is not in the lawsuit. It is in the reference, the characterization, the unemployment determination, the continuation coverage, and a severance number that is negotiable for about a week.

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