This is a sponsored column by attorneys John Berry and Kimberly Berry of Berry & Berry, PLLC, an employment and labor law firm located in Northern Virginia that specializes in federal employee, security clearance, retirement, and private sector employee matters.
By Kimberly Berry
Most employees in Virginia are considered “at will,” which means they can resign and/or be terminated at any time. When employment ends, an employer may offer a severance package to an employee in exchange for the employee’s waiver of rights. However, employers in the absence of an agreement or severance policy, generally have no obligation to provide employees severance pay. If severance pay is offered, an employer will offer the employee a Severance Agreement.
A Severance Agreement is a contract between the employee and an employer that provides the terms of the end of employment between the employer and the employee. Severance Agreements may also be offered to employees who are laid off or facing retirement. In addition, depending on the circumstances, a Severance Agreement may be offered to an employee who resigns or is terminated. The Severance Agreement must have something of value (also referred to as consideration) to which the employee is not already entitled.
Employers are generally required to provide an employee time to consider the Severance Agreement before signing. An employee typically has a 21-day consideration period to accept and at least a 7-day revocation period to revoke an employer’s Severance Agreement if the employee is over 40 years of age. For a group or class of employees (i.e., two or more employees) age 40 or over, employers must provide a 45-day consideration period and at least a 7-day revocation period.
Items and/or terms that the employer and employee may place in these agreements include:
- Financial terms, tax issues and timing of severance payments
- Continuation of employment benefits (i.e. health, etc.)
- Issues related to unemployment compensation
- Claims to be waived (i.e. discrimination, etc.)
- Re-employment possibilities
- Scope of possible non-competition
- Preservation of trade secrets
- Recommendation letters
- Consequences of violating the agreement
- The state law governing the agreement
Severance Agreements will usually include a general release or waiver that requires that the employee cannot sue his or her employer for wrongful termination or attempt to seek unemployment benefits upon the effective date of a fully executed Severance Agreement. Before an employee signs a Severance Agreement, he or she should consult with an attorney to discuss the rights that he or she may be waiving and the terms of the Severance Agreement.
If you need assistance with a Severance Agreement or other employment matter, please contact our office at (703) 668-0070 or at www.berrylegal.com to schedule a consultation. Please also visit and like us on Facebook.
Good Friday evening, Arlington. Let’s take a look back at today’s stories and a look forward to tomorrow’s event calendar. 🕗 News recap The following articles were published earlier today…
The Arlington County Board and the Human Rights Commission are at odds over whether commissioners had the right to request an investigation into possible human and civil rights violations at…
Expanded renovated 4 BR 3 bath with garage in Cardinal Swanson Yorktown pyramid
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The Potomac Roasting Company is a local micro-roaster specializing in artisan coffee. We precision roast high-quality specialty beans sourced from small farms in Latin America that are owned and operated by women. Your coffee will be roasted the way you want it and delivered fresh.
As two former Peace Corps volunteers who served in Guatemala, we founded Potomac Roasting to pursue our passion for great coffee and purpose-driven work. In addition to ethically sourcing our beans, we also donate a portion of our profits to Laila’s Legacy Animal Rescue, a DC-based nonprofit that finds homes for homeless dogs and cats.
Our current roasts come from prime coffee-producing regions of Colombia, Costa Rica, Guatemala, and Peru. We will be adding new roasts soon. If you are local, there’s a good chance we can deliver to your door. Look for us at local farmers’ markets beginning this spring. In the meantime, check us out now for better coffee and good karma in a cup. You can use the code Community and save 10%.
🎉 Tonight, we invite you to the French Riviera, one of the most exciting places on earth – without ever boarding a plane! And celebrate Mardi Gras and the Carnival of Nice on French soil as we welcome you to a special evening at the Embassy of France!
From the elegance of classical French culture to the most celebrated Rivera nightlife of the 21st Century, experience a special evening of fantastic French food, wine, music, and ambiance.
Enjoy the flavors of Nice, Monaco, and St. Tropez in the beautiful and festive Maison Francaise at the French Embassy.
🍽️ On the Menu: Delicious French food
Cody Chance and Dick Nathan of Long & Foster are hosting a free workshop on the topic of “down-sizing” at their office on Cherry Hill Rd. (formerly Lee Highway) in Arlington on Thursday, February 29 from 5:30PM-7:00PM.
Every great endeavor