Title VII of the Civil Rights Act of 1964: Federal law prohibiting employment discrimination based on race, color, religion, sex, and national origin. Must be considered to ensure the termination documentation doesn't suggest any discriminatory practices.
Age Discrimination in Employment Act (ADEA): Federal law protecting workers 40 and older from age discrimination. Termination documentation must avoid any age-related implications.
Americans with Disabilities Act (ADA): Federal law prohibiting discrimination against individuals with disabilities. Relieving letter must not reference any disability-related matters inappropriately.
Fair Labor Standards Act (FLSA): Federal law governing wages and hours. Relevant for ensuring final payment calculations and overtime considerations are properly addressed in the termination documentation.
WARN Act: Worker Adjustment and Retraining Notification Act requires employers to provide advance notice of mass layoffs. May need to be referenced if part of a larger reduction in force.
National Labor Relations Act (NLRA): Federal law governing labor-management relations. Important for ensuring the termination documentation doesn't violate protected concerted activity rights.
State-Specific Employment Laws: Various state laws governing termination requirements, final paycheck timing, and vacation/PTO payout requirements. Must be compliant with specific state regulations.
Contractual Obligations: Existing employment agreements, collective bargaining agreements, and company policies that must be referenced and complied with in the termination process.
COBRA Requirements: Federal law requiring notification of health insurance continuation rights. Must be referenced or addressed in termination documentation.
Legal Risk Management Elements: Including release of claims, non-disparagement provisions, confidentiality obligations, return of company property, and non-compete/non-solicitation requirements.
Documentation Requirements: Record retention requirements and unemployment insurance regulations that affect how the termination must be documented and maintained.
