Departing Employee Checklist

by Practical Law Labor & Employment

A Checklist that outlines best practices for employers to follow when managing the end of an employment relationship. This Checklist provides a step-by-step guide for navigating both voluntary resignations and involuntary terminations to minimize legal risks. It addresses critical tasks such as collecting all relevant employment documents, determining the respective rights and obligations of the parties, and properly documenting the separation. Key topics covered include calculating and paying final wages, handling severance pay and benefits continuation under the Consolidated Omnibus Budget Reconciliation Act (COBRA), and reminding the departing employee of any post-employment restrictive covenants. This Checklist also provides guidance on conducting exit interviews, communicating the departure to the remaining workforce, securing company property and systems, and ensuring compliance with laws like the Older Workers Benefit Protection Act (OWBPA) when considering a severance agreement.