Employment Agreement With Severance Clause In Michigan
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FAQ
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.
A severance clause is a contractual provision that establishes an employee's right to receive a severance payment when his or her employment with an employer is severed. In many cases, the clause addresses circumstances in which an employer terminates an employee's employment.
At-Will Employment Doctrine: Michigan follows the doctrine of at-will employment, which means that employers can generally terminate employees at any time and for any reason, as long as it is not illegal.
Michigan's WARN Act ensures protection for workers facing layoffs or plant closures. Employers in Michigan must give advance notice to employees when they anticipate closures or layoffs, providing employees with ample time to seek alternative employment opportunities.
“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.”
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.
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.
