Employment Agreement With Severance Clause In Dallas
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In some jurisdictions where an employee must be fired “for cause,” a wrongful termination claim exists where an employee was fired without cause. Unfortunately for Texas employees, Texas is not a “for cause” state. Instead, Texas has adopted employment-at-will.
Agreements to Agree In the Future Are Not Enforceable Texas law is clear that contracts calling for parties to negotiate in the future —to agree to agree to material terms at a later point—are unenforceable.
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.
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.
“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.”
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.
First you can simply ask. The offer of severance is not a legal obligation. It is an attempt by the employer to assure that you will never make any claims against it. Some times simply asking for more can trigger a discussion, but do not count on it. Especially in a RIF where many people are involved.
In Texas, employment is generally at-will, meaning an employee can be dismissed at any time and for any reason, as long as that reason isn't illegal under state or federal law.
