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Separation from employment: Federal

This guide provides an overview of federal laws relevant to separation from employment, including requirements related to termination, severance, final pay, and post‑employment considerations.

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by the Brightmine Editorial Team

Summary

This guide provides an overview of federal laws relevant to separation from employment, including those related to releases of legal claims, health care continuation coverage, constructive discharge and forced retirement. It also discusses other key aspects of employment termination, such as the at-will employment principle, severance packages, restrictive covenants, unemployment insurance, final pay and resignation notice policies.

In this guide, learn about:

  • Employment at‑will
  • Termination for cause
  • Severance packages
  • Separation and release agreements
    • Older Workers Benefit Protection Act
    • Title VII, the ADA and the Equal Pay Act
  • Restrictive covenants
  • Final pay and benefits
    • Unemployment compensation
    • Payment of final wages
    • Health care continuation
  • Notice of resignation
    • Penalty provision risks
  • Constructive discharge
    • Forced retirement
  • Future developments

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Jurisdiction: Federal

Latest updates

Enhanced to reflect expanded coverage of the Older Workers Benefit Protection Act, severance packages and constructive discharge.

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Brightmine

With more than 10,000 customers, Brightmine is a leading global provider of people data, analytics and insight – empowering HR leaders to deliver brighter business outcomes.

For more than two decades, Brightmine, formerly XpertHR, has continued to help HR leaders confidently navigate the evolving world of work through our unique combination of critical workforce data, AI-enabled technology, and trusted HR expertise.

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