Notice of termination of employment

Notice of termination of employment


 A termination notice is a written official notification given when a person is fired or is laid off from the current position. The notice of termination of employment varies from tardiness, misconduct to downsizing or corporate closures.

 

There is no rule that an employee may not be fired by the employer. This can happen any time. Thus, an employer-employee relationship ends for no reason or any reason, provided the employee is not fired by the employer for reasons such as gender, race or sexual orientation that does not come under an employment contract.

 

Reasons

An employer can find any reason to issue notice of termination of employment. This may be due to poor job performance to restructuring of the company or the upper management whims. For that matter simply any reason that is not defined legally as discriminatory.

 

Actually there is no law requiring the employers to provide notice of termination. Though the legal requirement is not mandatory, it has been developed as a process to issue a notice of termination to employees for reasons.

 

When notice of termination is required

There is no requirement as The Fair Labor Standards Act (FLSA) for a company to issue notice to an employee before a lay-off or a termination.

 

In case an employee is under contract and is terminated, employer should give notice of termination of employment. In some cases, employers need to give advance notice if there is a plant closure, mass layoffs or closures of big corporate.

 

When an employee is laid-off or terminated, there are no regulations to give advance in notice to the employee by employers, unless the employee is bound by an individual contract with the employer or employees under a union agreement or some collective bargaining agreement.

 

Employers, as politeness may give termination notice to show the end of employee’s contract and this may vary with each employer. Moreover, this is not any federal requirement.

 

When notice of termination is required

Although federal laws have no such rules as written document stating the reason for an employee termination, some employers create them. The government requires the notifications that are related to termination if they are enforced by the COBRA (Consolidated Omnibus Benefits Reconciliation Act) and WARN (Worker Adjustment and Retraining Notification Act).

 

COBRA protects the health benefits continuation rights. The families and workers losing the benefits of health suddenly due to unemployment or other reasons may elect to get the benefits of group health for a time. COBRA covers an employee and his family members under the employer provided insurance and thus the employee can have the same health insurance when he secures a new employment.  Americans can enjoy this health benefit in different circumstances such as employment hour’s reduction, job loss, death, career transition, divorce and such reasons.

The WARN act also offers the workers a notice before the lay-off period. This act shields the employee’s families and employees by implementing employers with to provide notice of 60 days in advance to employees of the mass layoffs or plant closings.

Article publié pour la première fois le 26/02/2017

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