California employees are often asked to sign an employment severance agreement when their employer terminates them from their job. Negotiating a severance agreement with a terminated employee that contains a release of claims by the employee provides the best possible protection against a lawsuit for wrongful discharge.
An employer should also consider if the agreement needs to address other issues such as.
Sample severance agreement california. Provided below are links to termination severance agreements with california governing law clauses. If not properly drafted and presented however a severance agreement can backfire. Free severance agreement template.
A severance package is a payment by an employer to an employee at the time of the employees termination. Severance agreements over 40. Governing law provisions also knows as choice of law or controlling law clauses in contracts are frequently used by the agreement parties to specify which jurisdictions laws will be applied to interpreting the contractual provisions and obligations.
Other provisions to consider for severance agreements. The agreement may be revoked up to 7 days after it is executed. Employees over 40 are covered by the older workers benefit protection act.
Is the release mutual ie the employer and employee are both releasing all claims against each other. Severance agreements may be called a general release termination agreement separation agreement exit agreement or other similar terms. Severance agreement and general release of claims this severance agreement and general release of claims hereinafter agreement is made and entered into between rancho california water district hereinafter rcwd and hereinafter employee and is made in light of the following.
This severance agreement template below available for free use on upcounsel. When creating a severance agreement for someone over the age of 40 a company must comply with the laws created to protect this class. If you decide to provide severance pay it should always be conditional upon the employee signing a severance agreement which is what this article is about.
Its usually given in exchange for a written promise from the employee that they wont file a lawsuit. Here a california employment attorney explains the law on severance agreements and severance packages. Below is a severance agreement template that you can customize for your small business and for the specific termination situation you are facing.
If you are trying to avoid a wrongful termination claim consider asking a terminated employee to sign this form once you have customized it.
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