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.
Under the OWBPA, an older employee has up to 21 days to consider releasing any age discrimination claims before signing a severance agreement. In Texas, older employees also have up to 7 days to revoke a severance agreement from the day it was signed, if they indeed change their mind within this 7-day period.
How does state or federal law impact the process of terminating an employee in Texas? 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.
“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.
Labor to repair, remodel, or restore residential real property is not taxable. Residential real property means family dwellings, including apartment complexes, nursing homes, iniums, and retirement homes. It does not include hotels or residential properties rented for periods of less than 30 days.