Neither the California Labor Code nor the federal Fair Labor Standards Act require employers to offer severance agreements to departing employees. Instead, severance agreements are provided by employers to accomplish a specific goal.
Extension of Benefits Under Rule of 70 To be eligible to retire, you must be at least age 55 with 10 years of service or age 65. Years of service for the “Rule of 70” eligibility purposes, means total years of employment from date of hire to date of termination.
Present the employee with the severance agreement, worked on by your HR manager, and walk through each section. Leave time for the employee to ask questions and make clear the time frame during which the employee has time to meet with their lawyer, as well as their last day.
The agreement must be backed by consideration. The employer must give something of value to the employee in exchange for the agreement. Employees must have 21 days to consider the severance offer, or 45 days if more than one employee is laid off as part of a group lay off.