Severance Agreement Solicitors
10 Common Clauses in Severance Agreements

Return of Company Property

When an employee leaves a company, they are typically required to return all company property in their possession. This can include laptops, mobile phones, uniforms, access cards, and any other items belonging to the organisation. The obligation to return these items may be specified in the severance agreement itself. Failure to comply can result in deductions from severance payments or legal action, depending on the terms outlined.

The return of company property serves to protect the organisation's assets and confidential information. Employees should ensure that all items are returned in good condition and within the stipulated timeframe. This process often includes an inventory check, allowing both parties to acknowledge what has been returned and confirm that all obligations have been fulfilled. Such measures help in maintaining a positive relationship even after the employment ends.10 Common Mistakes in Severance Agreements to Avoid

Ensuring Compliance with Company Policy

Severance agreements often include clauses that require departing employees to comply with company policies even after their employment has ended. This can encompass confidentiality agreements, non-disclosure agreements, and non-compete clauses. The aim is to protect the company's sensitive information and intellectual property. Employees are usually reminded of their obligations to safeguard proprietary information acquired during their tenure. Such clauses ensure that former employees do not inadvertently or intentionally share confidential details that could harm the company's competitive edge.

In many cases, companies will outline specific behaviours that must be adhered to post-employment. These provisions serve as a reminder that company policy extends beyond the duration of employment. Employees may be expected to refrain from speaking negatively about the company or its practices. Compliance with these policies is crucial for maintaining professional relationships and avoiding potential legal disputes. Additionally, failure to adhere to these requirements can result in forfeiture of severance benefits or other legal repercussions.

Tax Implications of Severance Payments

Severance payments are typically classified as income, which means they are subject to taxation just like regular wages. The specifics can vary based on the amount and the manner in which the payment is structured. Some employers may opt to withhold taxes at a flat rate, while others might follow the employee's usual tax withholding schedule. Employees should review the payment details carefully to understand the tax implications fully.

It is essential for employees to consider the impact of severance pay on their overall tax situation. Receiving a lump sum payment might push an individual into a higher tax bracket, leading to increased tax liability. Consulting a tax professional can provide clarity on potential consequences and help in planning for any liabilities that may arise due to the severance payment. Understanding these nuances can assist in better financial planning following employment termination.

Understanding Your Financial Responsibilities

It is essential to be aware of the various financial responsibilities that may arise from a severance agreement. Often, these agreements stipulate conditions that require careful consideration of the financial implications. Employees should examine the specifics of their severance package, particularly around what constitutes taxable income versus non-taxable benefits. Understanding the breakdown of these payments will aid in planning for future finances and tax liabilities, which can vary significantly based on individual circumstances.





Effective communication is essential when discussing severance agreements. Many companies fail to ensure that all partiesWhat are the tax implications of severance payments?