10 Common Clauses in Severance Agreements

What are "obligations upon termination" in a severance agreement?
"Obligations upon termination" refer to the responsibilities that both parties have following the end of employment. This may include confidentiality agreements, non-compete clauses, and other commitments that the employee must adhere to after leaving the company.
How does governing law affect a severance agreement?
Governing law in a severance agreement specifies which jurisdiction's laws will apply to the agreement. This is important as it determines how the agreement is interpreted and enforced, which can vary significantly between different legal systems.
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Maintaining Health and Other Benefits

When an employee transitions out of a company, maintaining access to health benefits can be a critical concern. Many severance agreements provide details about the continuation of health insurance coverage for a specified period. This might include options for COBRA in the US, which allows former employees to extend their group health benefits for limited periods at their own expense. Additionally, agreements may outline any potential changes to coverage and stipulate how long the benefits will remain in effect.

Beyond just health insurance, severance agreements may also address other types of benefits that could be available during the transition period. This may encompass life insurance, disability coverage, and any wellness programmes the employer offers. It is essential for employees to carefully review these provisions to understand what benefits they are entitled to and any steps they need to take to ensure continued coverage. Such measures can help provide a sense of security during a potentially challenging time.

FAQS

What is a severance agreement?

A severance agreement is a contract between an employer and an employee that outlines the terms and conditions of an employee's exit from the company, including any severance pay, benefits continuation, and other provisions.Terms of Use

Why is it important to return company property?

Returning company property is crucial to ensure that all company assets, such as laptops, phones, and confidential documents, are accounted for and to protect the company's intellectual property and sensitive information.

How can I ensure compliance with company policy during severance?

You can ensure compliance by thoroughly reviewing the company's policies and procedures regarding severance and discussing any concerns with HR or legal counsel before signing the agreement.Privacy Policy

What are the tax implications of severance payments?

Severance payments are typically considered taxable income, which means they may be subject to income tax and National Insurance contributions. It’s advisable to consult a tax professional for specific advice regarding your individual situation.

Will I continue to receive health benefits after my severance?

Many severance agreements include a clause for benefits continuation, which may allow you to maintain your health insurance and other benefits for a certain period. The specifics will depend on the terms outlined in your agreement.


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