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.
Basically, a severance agreement is a waiver or release of liability that the outgoing employee signs, protecting the business from lawsuits. These agreements are usually part of a larger severance package that includes compensation, outplacement services, and other benefits in exchange for the employee's signature.
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.”
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.
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.
The "Indemnification of Employee" clause ensures that an employer agrees to protect and compensate the employee for any legal liabilities or costs arising from actions taken in the course of their employment.
1) The Termination Clause allows the employer to give notice of termination which does not comply with the minimum notice required by legislation. A Termination Clause cannot limit an employee's notice period to a length of time shorter than the minimum requirements outlined in s.