A contract is usually discharged by performance of the terms of the agreement. A contract may be discharged pursuant to a provision in the contract or by a subsequent agreement. For example, there may be a discharge by the terms of the original contract when it says it will end on a certain date. There may be a mutual cancellation when both parties agree to end their contract. There may be a mutual rescission when both parties agree to annul the contract and return to their original positions as if the contract had never been made. This would require returning any consideration (e.g., money) that had changed hands.
Other examples of discharge by agreement are:
• accord and satisfaction;
• a release; and
• a waiver.
Severance negotiation letter template with cc is a professionally crafted document that outlines an employee's desire to negotiate their severance package and includes the additional action of copying a third party or parties for transparency purposes. This letter serves as a formal correspondence to be sent to an employer or company's human resources department, addressing the employee's concerns regarding the terms of their severance agreement. The purpose of a severance negotiation letter with cc is to initiate a conversation about the terms and conditions of an employee's severance package. While these templates may vary slightly depending on the specific circumstances, they typically consist of key elements such as: 1. Introduction: The letter should start with a polite and professional salutation, addressing the appropriate personnel within the organization. 2. Employee Information: The employee should provide their full name, job title, department, and any relevant employment details that establish their connection to the company. 3. Reason for the Letter: Clearly state the purpose of the letter, emphasizing the employee's intention to negotiate the terms of their severance package. 4. Main Points: The employee should articulate their concerns and requests regarding the severance agreement. This may include aspects such as the amount of severance pay, additional benefits, continuation of healthcare coverage, or an extension of certain employment privileges. 5. Supporting Arguments: Elaborate on the reasons behind the employee's suggested modifications to the severance agreement. This may involve highlighting the employee's contributions, achievements, or any unforeseen circumstances that warrant a more favorable arrangement. 6. Proposed Resolution: Offer an alternative proposal or compromise, outlining the desired terms that would be in line with the employee's expectations while remaining reasonable. 7. Request for Meeting: Express the employee's willingness to further discuss the matter in person or via a teleconference. Suggest a few potential dates and times for the meeting to demonstrate flexibility. 8. Closure: End the letter with a courteous closing, expressing gratitude for the employer's attention to the matter and willingness to engage in negotiations. Encourage them to reply promptly and include the employee's contact information for convenience. Different types of severance negotiation letter templates with cc may include variations based on the employment situation. For example: 1. Employee vs. Employer Dispute: This template can be used when an employee believes they are entitled to a higher severance package due to a dispute, such as wrongful termination, breach of contract, discrimination, or retaliation. 2. Executive Severance Negotiation: Executive employees may require a different template that focuses on intricate details such as stock options, non-compete agreements, equity, deferred compensation, bonuses, or specific benefits unique to their executive position. 3. Mutual Agreement: In some cases, both the employer and the employee may agree to negotiate the severance package. This template would reflect a cooperative effort to reach a mutually satisfactory outcome. 4. Collective Bargaining Agreement: If an employee is part of a labor union, the severance negotiation letter may adhere to specific terms and procedures laid out in the collective bargaining agreement. In summary, a severance negotiation letter template with cc is a tailor-made document addressing an employee's intent to negotiate the terms of their severance package. It provides a structured format to articulate concerns, propose revisions, and initiate a constructive dialogue with an employer.
