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.
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.
Some factors that are often considered include length of employment at the company, your position or rank within the organization, salary, and individual circumstances relating to termination. Some employers adhere to a written contract or employment agreement or policy that was outlined previously.
The Employee Benefits Security Administration (EBSA) may be able to assist an employee who did not receive severance benefits under their employer-sponsored plan. Please contact EBSA if you have any questions.
Most employers offer a severance agreement that defines the financial terms for an employee when their employment is terminated. Severance packages are not required by law, but employers tend to offer them as gestures of goodwill or to be competitive in their industries.