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.
The terms of each agreement can vary greatly, and the initial severance package offered may not adequately compensate you for the loss of your job and the legal rights you're waiving. It's also not uncommon for employers to impose deadlines, attempting to pressure you into accepting a less favorable offer.
Here is an example of a termination clause: “Party A and Party B have the right to terminate the Contract under material breach, change in circumstances, insolvency, and mutual agreement. To terminate the Contract, the terminating party must provide 30 days of written notice to the other party.
A severance process is a series of events (e.g., letters, To Do entries, field activities) that lead to the severance of a service agreement. A separate severance process is required for each service agreement to be severed.
How to Structure a Severance Agreement Determine Eligibility: Decide which employees will be offered a severance agreement based on company policy or specific circumstances. Consult Legal Counsel: Work with an attorney to draft the agreement to ensure compliance with federal and state laws.
“If any term of this Agreement is to any extent invalid, illegal, or incapable of being enforced, such term shall be excluded to the extent of such invalidity, illegality, or unenforceability; all other terms hereof shall remain in full force and effect.”