Severance Agreement Policy

State:
Multi-State
Control #:
US-238EM
Format:
Word; 
Rich Text
Instant download

Description

The severance agreement policy outlines the procedures and guidelines for employee separations at the Company. It applies primarily to full-time permanent employees, detailing types of terminations, including voluntary and involuntary separations, as well as conditions that exempt employees from receiving severance pay. Involuntary termination scenarios are explicitly noted, such as layoffs and discharges based on employee performance. The policy specifies that severance pay is only available to eligible employees facing involuntary termination and provides a structured severance pay schedule based on years of continuous service. Notably, part-time and temporary employees do not qualify for severance pay. The policy also addresses accrued vacation pay and group insurance implications upon termination. For legal professionals, this policy is essential as it provides a framework for advising clients on employee rights and obligations during layoffs or terminations. It serves as a reference for attorneys and paralegals who may be involved in drafting or reviewing similar agreements. Partners and owners can use this policy to ensure compliance with state and federal regulations, including ERISA. Legal assistants can benefit from understanding the procedural details to assist in the effective management and implementation of such agreements.
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FAQ

Typical severance packages offer one to two weeks of paid salary for every year worked. You usually have 21 days to accept a severance agreement, and once it's signed, you have seven days to change your mind.

A severance agreement should include the following elements: The name of the employer and employee. The effective date of the agreement. The employment period of the outgoing employee. The severance pay amount. Terms of continuation of benefits. Employee waiver of legal claims (within reason)

Providing one-to-two weeks of pay per year of service is a standard practice, with management and above typically receiving four weeks or more and executives receiving anywhere from three to 24 months of severance pay.

"There's no such thing as a standard severance agreement," Blit said. Still, severance packages usually include some or all of a common set of offerings: financial payment, continued access to health care and other benefits, job-search assistance and mental health support.

A severance agreement often provides for post-employment benefits, such as pay, continuation of health or other insurance, and job placement assistance and what the employee needs to do or not do to receive those beenfits.

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Severance Agreement Policy