Lawful Termination and Reductions in Force

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29 CFR Part 1625.22 - Waiver of rights and claims under the ADEA resource National Regulations Member contributionOCEG Reviewed

Federal regulations implementing the Age Discrimination in Employment Act (ADEA). Congress amended the ADEA in 1990 to clarify the prohibitions against discrimination on the basis of age.

The ADEA expressly provides that waivers may be valid and enforceable under the ADEA only if the waiver is “knowing and voluntary”

The ADEA is codified at 29 U.S.C. § 621 et seq.

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29 CFR Part 1625.9 - Prohibition of involuntary retirement. resource National Regulations Member contributionOCEG Reviewed
Federal Regulations implementing the Older Worker Benefit Protection Act. 29 U.S.C. § 623Act Summary:
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29 CFR Part 825.209(f) - Family Medical Leave Act Regulations resource National Regulations Member contributionOCEG Reviewed
Health insurance coverage under the Family Medical Leave Act (FMLA) upon termination. Subpart under § 825.209 (Is an employee entitled to benefits while using FMLA leave?) states:
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BLS, Article- The employment-at-will doctrine: three major exceptions resource Articles Member contributionOCEG Reviewed
Discusses wrongful termination in violation of public policy and the covenant-of-good-faith exception. From the Monthly Labor Review (January 2001.)
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DOL, Compliance Assistance - Termination Issues resource Agency Guidances Member contributionOCEG Reviewed

Department of Labor Topic Page with information on Benefits, Unemployment Insurance, Last Paycheck, Discrimination, Veterans' Reemployment Rights, and Plant Closings and Layoffs.

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DOL, Compliance Assistance - The Worker Adjustment and Retraining Notification Act (WARN) resource Agency Guidances Member contributionOCEG Reviewed

The Worker Adjustment and Retraining Notification Act (WARN) protects workers by requiring most employers with 100 or more employees to provide notification 60 calendar days in advance of plant closings and mass layoffs.

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DOL, Compliance Assistance - Worker Adjustment and Retraining Notification Act (WARN) - Preamble to the 1989 Final Rule resource Agency Guidances Member contributionOCEG Reviewed
20 CFR Part 639, Worker Adjustment and Retraining Notification SUMMARY: The Employment and Training Administration of the Department of Labor published a final regulation carrying out the provisions of the Worker Adjustment and Retraining Notification Act (WARN). WARN provides that, with certain exceptions, employers of 100 or more workers must give at least 60 days' advance notice of a plant closing or mass layoff to affected workers or their representatives, to the State dislocated worker unit, and to the appropriate local government.
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DOL, Employment Law Guide - Chapter: Wage Garnishment resource Agency Guidances Member contributionOCEG Reviewed
Title III of the Consumer Credit Protection Act (CCPA) protects employees from discharge by their employers because their wages have been garnished for any one debt, and it limits the amount of an employee's earnings that may be garnished in any one week. Title III applies to all employers and individuals who receive earnings for personal services (including wages, salaries, commissions, bonuses, and income from a pension or retirement program, but ordinarily not including tips).
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DOL, Employment Law Guide - Chapter: Plant Closings and Mass Layoffs resource Agency Guidances Member contributionOCEG Reviewed

WARN protects workers by requiring employers to provide notification 60 calendar days in advance of plant closings and mass layoffs.

Table of Contents:

  • Who Is Covered
  • Basic Provisions/Requirements
  • Employee Rights
  • Compliance Assistance Available
  • Penalties/Sanctions
  • Relation to State, Local, and Other Federal Laws
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DOL, Fact Sheet: The Worker Adjustment and Retraining Notification Act (WARN) resource Agency Guidances Member contributionOCEG Reviewed

A Guide to Advance Notice of Closings and Layoffs.

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