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.
On February 21, 2023, the NLRB issued a decision stating that the language of typical Confidentiality Clauses and Non-disparagement Clauses are illegal because they infringe on an employee's right to organize (form a union) or help other employees organize.
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.
“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.”
If you committed misconduct or gross misconduct related to your work: We will deny your benefits for at least 10 weeks after the week your employer fired you. To receive benefits, you will need to earn at least 10 times your weekly benefit amount.
If you committed misconduct or gross misconduct related to your work: We will deny your benefits for at least 10 weeks after the week your employer fired you. To receive benefits, you will need to earn at least 10 times your weekly benefit amount.