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.
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