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.
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.
Doesn't my employer have to give me a break? The state law requires employers to provide restroom time and sufficient time to eat a meal. If the break is less than 20 minutes in duration, it must be counted as hours worked. Time to use the nearest restroom must be provided within each four consecutive hours of work.
While Minnesota is an “at-will” employment state, meaning employers can generally terminate employees at any time, this does not extend to illegal or public policy-violating reasons. Wrongful termination can happen if an employee is fired due to discrimination, retaliation, or other unlawful reasons.
Do I have to give my employer two-weeks notice? No notice of separation by either party is required by law upon separation of an employee for any reason.
Keep it professional. Use business reasons, such as your performance record or time with the company, when negotiating the terms of your severance package rather than personal details, such as having a baby or buying a house. Be wary of non-compete clauses.