Fcpa Compliance Report

Employment separation and layoffs can present some unique challenges for the compliance practitioner. Employees can use layoffs to claim that they were retaliated against for a wide variety of complaints, including those for concerns that impact the compliance practitioner. Yet there are several ways that operationalization will help to protect your company as much as possible. Before you begin your actual layoffs, the compliance practitioner should work with your legal department and HR function to make certain your employment separation documents are in compliance with the Securities and Exchange Commission (SEC) requirement regarding Confidentiality Agreement and Separation Agreement language which purports to prevent employees from bringing potential violations to appropriate law or regulatory enforcement officials. Such documents must not have language preventing an employee taking such action. But this means more than having appropriate or even approved language in your CA, as you must counsel those who