The majority of severance agreements are structured to provide financial support regardless of employment status after leaving the company. However, certain agreements may include provisions that allow an employer to stop severance payments if the employee secures comparable work.
What is the downside to severance? The downside to severance includes financial drawbacks such as loss of steady income, potential loss of benefits, and uncertainty about future job prospects, as well as the impact on retirement savings and benefits.
Most termination clauses are an agreement between the employer and the employee that in the event the employer elects to dismiss the employee without cause, the employee will only receive what they are entitled to under the Employment Standards Code.
In Brazil, employments are at will, meaning that any party may terminate the employment agreement without cause upon the mandatory prior notice and payment of the severance. It is not necessary to mention any reason for termination, except if it is a termination with cause.
A severance clause aims to ensure that a contract will survive the deletion of an unenforceable provision. For example, where a court later deems that a particular provision of a contract is no longer, or was never, enforceable, this deletion would not invalidate or deem unenforceable the entire contract.
Most termination clauses are an agreement between the employer and the employee that in the event the employer elects to dismiss the employee without cause, the employee will only receive what they are entitled to under the Employment Standards Code.