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This question is about employer.
Can you terminate a furloughed employee?
Yes, you can terminate a furloughed employee, but it is important to understand that there are specific legal considerations and requirements that must be met to do so.
The first factor to be considered when considering whether you can terminate a furloughed employee is that the employer must ensure they are compliant with any employment contracts or collective bargaining agreements in place. If these documents contain provisions regarding layoffs or terminations, these must be strictly adhered to.
Furthermore, the employer must also comply with federal and state laws regarding termination. This includes providing adequate notice to the employee, which is typically mandated under the Worker Adjustment and Retraining Notification (WARN) Act if the company has 100 or more employees. There may also be additional state laws that apply.
Finally, employers need to consider how terminating a furloughed employee will impact their eligibility for certain benefits or stimulus funds. For instance, in response to the COVID-19 pandemic, some government programs provided financial aid to companies that kept employees on furlough rather than terminating them. Therefore, it's crucial for employers to consult with an employment attorney or human resources professional before proceeding with termination.
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