Virginia Employment Law Journal

Virginia Employment Law Journal

Category Archives: Termination of Employees

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Severance Agreements: What Are They Good For?

Posted in HR Policies, Termination of Employees
Employers frequently use severance agreements when terminating an employee or when an employee resigns with the hopes of reducing potential liability.  In our practice, we often advise employers to offer severance pay that is memorialized in an agreement containing a general release, covenant not to sue and often indicates that the employee is resigning.  Since… Continue Reading

Violating Employment Policies Outside the Workplace Can Result in Termination for Misconduct

Posted in Termination of Employees
Terminated employees qualify for unemployment benefits when they are unemployed without fault on their part.  Recently the Virginia Court of Appeals determined that fault can include conduct that occurs outside of the workplace. The Case The case is Francis v. VEC & Wal-Mart Associates, Inc.  Francis was employed by Wal-Mart from 6/2006 through 4/2008.  During… Continue Reading

Document Now, Fire Later

Posted in HR Policies, Recordkeeping, Termination of Employees
In our last two posts, we discussed terminating an employee and the importance of documentation. Earlier this week, in an opinion issued by the 4th Circuit Court of Appeals in Richmond, Virginia, Employers were provided with another example of why documentation is so important in the employer/employee relationship.   The Case The facts of the case… Continue Reading

Legal Considerations When Terminating An Employee: Part I of II

Posted in Termination of Employees
Do you have an employee whose performance isn’t cutting it? If so, you will want to read this two part series on considerations and steps to take before terminating an employee. Many employers terminate employees without following some basic procedures that take little effort on the part of the employer but can prevent major headaches later. … Continue Reading