1. Summary of Rights and Obligations under COBRA
2. Termination Letter (General)
3. Checklist for Termination Action
4. Employment Termination Agreement
5. Consent to Release of Employment Information and Release
6. Exit Interview
Employment Law For Dismissal
Category:
State:
Massachusetts
Control #:
MA-P026-PKG
Format:
Word;
Rich Text
Instant download
Description
This Employee Termination package contains essential forms to help your company address the issues of turnover and retention, limit the risk of employment litigation, and build a better workplace. The following forms are included:
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How to fill out Massachusetts Employment Or Job Termination Package?
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FAQ
The Five Fair Reasons for Dismissal Conduct. One potentially fair reason to dismiss an employee is for their conduct whilst at work. ... Capability. ... Redundancy. ... Statutory restriction. ... Some other substantial reason (SOSR)
What to include in your employee termination letter Employee name. ... The date of termination. ... Reason(s) for the employee's termination. ... Documented disciplinary action prior to termination. ... Employee benefits. ... Employee acknowledgment of termination. ... Terminated employee's forwarding address. ... Instructions for their last paycheck.
Fair procedure (1) Normally, the employer should conduct an investigation to determine whether there are grounds for dismissal. This does not need to be a formal enquiry. The employer should notify the employee of the allegations using a form and language that the employee can reasonably understand.
Investigate the issues. Inform the employee of the issues in writing. Conduct a disciplinary hearing or meeting with the employee. Inform the employee of the decision in writing.
It is important to distinguish and define the differences between these two (2) concepts: Dismissal: An employer dismisses the services of this employee due to their behavior, performance or other personal factors. Termination: An employer no longer requires an employee's services for the tasks and duties at hand.
More info
If you are an employer, learn about laws governing the termination of "at will" employment, including discrimination and retaliation. If you are fired or laid off, your employer must pay all wages due to you immediately upon termination (California Labor Code Section 201).However, employees are protected from unfair dismissal in violation of federal, state and local discrimination or antiretaliation laws. Most workers in the U.S. are employed "at will" meaning they can be fired for any (or no) reason at all, barring unlawful discrimination. "At-will" means the employer has the right to dismiss an employee at any time for any reason. State and federal laws prohibit firing people in protected classes or for retaliatory purposes. The only way employers can attempt to mitigate the cost of common law obligations are to use well‐drafted termination provisions in their employment contracts. A federally regulated employee qualifies for severance pay if they have completed at least 12 consecutive months of continuous employment. In some cases, an employee's resignation or an employer's actions may be viewed as amounting to "constructive dismissal. Employers must generally give employees written notice or payment based on how long the employee has worked before ending a job.