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Company's Separation of Employment and Noncompete Policies

You are the director of human resources of a new corporation that manufactures air conditioners. The board of directors has asked you to prepare an employee manual that includes several policies for the company's employees, including engineers, lawyers, salespersons, marketing personnel, finance workers, and so on. The project's name is Personnel Policies and Procedures Manual and begins in Unit 1 and continues through all units, culminating in Unit 5.

In Part 1 of the Personnel Policies and Procedures Manual, your team will start the research necessary for the employee manual. You will begin with drafting your company's Separation of Employment and Noncompete Policies.

Your company's Separation of Employment and Noncompete Policies must include details for the following topics:

Noncompete restrictions
Please discuss which instances employees would be subject to noncompete agreements.
The policy and procedure for the employee's separation by voluntary resignation
Please make sure that you discuss sick leave, vacation leave, and the necessary notice that the employer requires.
The policy and procedure for the employee's separation by termination
The policy and procedure for the employee's separation by retirement
The policy and procedure for the employee's separation by disability
The policy and procedure for the employee's separation by death
The policy and procedure for the employee's workforce reduction
Please make sure that you discuss the Worker Adjustment and Retraining Notification (WARN) Act.
The policy and procedure for rehire, re-instatement, and re-employment
Deliverable Requirements

Your Separation of Employment and Noncompete Policies must be at least 5 pages written in APA style with 3 APA-formatted sources. You should cite the applicable law used as a basis for your policy and note any employment manuals that you used to create the policies. The title and reference pages do not count as part of the 5 pages.

Submitting your assignment in APA format means, at a minimum, you will need the following:

Title page: Remember the running head. The title should be in all capitals.
Length: 5 pages minimum
Body: This begins on the page following the title page and must be double-spaced (be careful not to triple- or quadruple-space between paragraphs). The typeface should be 12-pt. Times Roman or 12-pt. Courier in regular black type. Do not use color, bold type, or italics, except as required for APA-level headings and references. The deliverable length of the body of your paper for this assignment is 5 pages. In-body academic citations to support your decisions and analysis are required. A variety of academic sources is encouraged.
Reference page: References that align with your in-body academic sources are listed on the final page of your paper. The references must be in APA format using appropriate spacing, hanging indent, italics, and uppercase and lowercase usage as appropriate for the type of resource used. Remember, the Reference page is not a bibliography but a further listing of the abbreviated in-body citations used in the paper. Every referenced item must have a corresponding in-body citation.

Full Answer Section

Notice of Separation: In the event of an involuntary separation of employment, [Company Name] will provide the employee with written notice of the separation at least 30 days prior to the effective date of the separation.
Benefits: In the event of an involuntary separation of employment, the employee will be entitled to receive all accrued benefits, including but not limited to vacation pay, sick leave pay, and health insurance benefits.
Noncompete Agreement: In the event of an involuntary separation of employment, the employee may be required to sign a noncompete agreement. A noncompete agreement is a contract that prohibits an employee from competing with [Company Name] for a specified period of time after the employee's separation of employment.
Other Terms and Conditions:
- The Separation of Employment Policy may be amended or modified at any time by [Company Name].
- The Separation of Employment Policy is subject to the terms and conditions of the employee's employment agreement.

Noncompete Policy

Purpose: This policy prohibits employees from competing with [Company Name] for a specified period of time after the employee's separation of employment.
Definitions:
- Competition: Any activity that competes with the business of [Company Name], including but not limited to providing similar products or services, soliciting [Company Name]'s customers or employees, or working for a competitor of [Company Name].
- Noncompete Period: The period of time during which the employee is prohibited from competing with [Company Name]. The noncompete period will be specified in the noncompete agreement.
Enforcement: If an employee breaches the noncompete agreement, [Company Name] may seek injunctive relief to prevent the employee from competing with [Company Name]. [Company Name] may also seek damages from the employee for any losses that [Company Name] incurs as a result of the employee's breach of the noncompete agreement.
Other Terms and Conditions:
- The Noncompete Policy may be amended or modified at any time by [Company Name].
- The Noncompete Policy is subject to the terms and conditions of the employee's employment agreement.

This is just a draft of the Separation of Employment and Noncompete Policies. The specific terms and conditions of these policies will vary depending on the specific circumstances of the company and its employees. However, this draft provides a good starting point for developing these policies.

Sample Answer

Separation of Employment Policy

Purpose: This policy outlines the terms and conditions of separation of employment for all employees of [Company Name].
Definitions:
- Employee: Any person who is employed by [Company Name] on a full-time, part-time, or temporary basis.
- Separation of employment: The termination of an employee's employment with [Company Name], whether voluntary or involuntary.