Frequently Asked Questions

An employee quit, what should I do?

The company should have standard offboarding processes in place, including with respect to the collection of company property in the employee’s possession, running final payroll, and reminding the employee of their continuing contractual obligations (such as with respect to preserving the confidentiality of company proprietary and business confidential information). The company should also document the resignation in writing for its files. Further, the company should consult with its employment attorney as to the timing of when the final paycheck will be due and whether documents need to be provided at termination, which will be driven by the laws of the state in which the employee is based. As part of the termination documentation, if the employee is on the company’s health benefits plan or participating in other third party administered benefits programs, the company needs to alert the plan administrators of the employee’s departure so that they can timely send out COBRA and other portability notices.