Edit theme in the Severance Agreement

Aug 6th, 2022
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A change in control severance plan that provides senior executives with severance payments and benefits on certain terminations of employment in connection with a change in control.
Dear [Employee Name], I regret to inform you that your employment with [Company Name] is terminated effective [date]. Four weeks of severance pay is being offered in exchange for signing the attached release of claims and returning the signed release to human resources no later than [date].
Your severance agreement may interfere with your future employment if it includes a non-compete provision, non-solicitation clause, clawback provision, cooperation requirement, or other terms.
The general practice is to try to get four weeks of severance pay for each year worked. Middle managers and executives usually receive a higher amount. Some executives, for example, may receive pay for more than a year.
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)
What should be included in a severance agreement? Compensation details. Confidentiality rules following termination. Date of employees termination. Agreement from both parties in the form of a signature. Details about how long the employee will continue to have access to benefits.
Fraud, misrepresentation, duress, or unconscionability are common defenses you can use if you want to void a severance agreement that you already signed.
At a minimum, severance pay should be one week of pay per year you were employed, up to a maximum of 26 weeks. However, what you are legally owed can be as much as two years pay. But its important to note, its more than just the length of your employment that factors into the amount of severance you should receive.

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