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.
You do not get severance if you quit. Nobody is automatically entitled to any severance legally, ever, unless you were hired under a contract such as a 1099 employee and you have severance written into your agreement. Standard W-2 employees usually do not get severance.
Employers are generally understanding about layoffs. Be honest about why you left, and share that your previous company had layoffs that affected you. It's important to only frame leaving your job as a layoff if the company truly laid you off, not if they fired you, to represent your situation accurately.
Comment: A termination without cause provision (also called a “termination for convenience” clause) permits one or both parties to terminate the agreement at any time after an initial contracting period.
If you are terminated without cause, it means that your employer lets you go for any reason other than serious workplace misconduct. For instance, this reason could be economic-based, due to a company restructure, or because the company no longer requires someone to do your job.
Termination for convenience Termination for convenience, on the other hand, enables parties to terminate the contract without needing to prove blame or breach. This type of contract termination is used to end relationships more amicably and exit contracts that no longer benefit either of the parties involved.