What are the types of Terminations?
Terminations come in two forms—voluntary and involuntary. Voluntary
terminations are usually relatively straight forward and easy to handle.
However, voluntary terminations can become complicated at times. For example,
a voluntary termination may become an involuntary termination if you wish
to release the individual prior to their designated date. Involuntary
terminations can be complex and create a higher litigation risk. Involuntary
terminations fall into the categories of company policy violation, layoff,
and poor job performance.
What are issues in Termination?
• While California is at-will in regards to employment, there have
been significant restrictions placed on this concept
• Outcomes in comparable situations.
• Documentation is extremely important when terminating an employee.
• Complying with applicable laws (i.e. last paycheck, COBRA) during
and after termination.
• Discontinuing the employee from systems such as payroll, benefits,
security and email.
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