Employment Agreement With Severance Clause In Tarrant
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FAQ
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.
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.
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.
The following is a list of some common reasons for denial: Voluntarily leaving work without good cause. Being discharged for misconduct connected with work. Not being able to work or available for work. Refusing an offer of suitable work. Knowingly making false statements to obtain benefit payments.
Examples of misconduct that could make you ineligible include violation of company policy, violation of law, neglect or mismanagement of your position, or failure to perform your work adequately if you are capable of doing so.
Employees have 21 days to consider an agreement. After the 21 day period is over the severance agreement is considered null and void. Texas law allows for a seven-day revocation period.
If you've been laid off in Texas, you will normally have a seven-day revocation period, which means you have seven days from the day you signed the agreement to change your mind. Once that period passes, you are usually stuck in the agreement.
