Arizona Employment Separation Agreement

State:
Multi-State
Control #:
US-13331BG
Format:
Word; 
Rich Text
Instant download

Description

A separation agreement is a written contract that sets out the terms of an employee's separation of employment.
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FAQ

Are termination letters required? Most companies are not required by law to give employees letters of termination. The exceptions are those located in Arizona, California, Illinois and New Jersey. Most employers, however, do provide termination letters as a professional courtesy and a legal record.

Arizona does not require employers to provide severance packages but those who do must provide them to all eligible employees. You might be legally required to provide severance to former employees if you led them to believe they would be paid.

A termination letter should explain the decision to terminate employment and a general statement of the reasons behind it. It should not be a list of reasons, including any admission by an employee to an offense. Give the letter to the employee upon termination.

By law, employers must give you time to consider a severance agreement, anywhere from three weeks to up to 60 days. The Older Workers Benefits Protection Act also requires employers to give terminated employees ages 40 or older sufficient time to review a proposed severance agreement and release.

A separated employee is one who leaves an employment situation for any reason, whether voluntary or involuntary. A terminated employee is involuntarily let go, usually because of poor performance or lack of work.

According to the employment standards in Alberta: After serving three months, an employer must give you one week's notice. After twelve consecutive months of employment, an employer must give you two week's notice. After three consecutive years of employment, an employer must give you three week's notice.

Is a termination letter required in Arizona? While a termination letter is considered good practice, no federal or Arizona laws require it. In fact, because Arizona is an at-will employment state, an employer is under no obligation to provide a reason for firing an employee.

Arizona does not require employers to provide severance packages but those who do must provide them to all eligible employees. You might be legally required to provide severance to former employees if you led them to believe they would be paid. This can happen when: A severance promise is written in a contract.

Severance pay a retrenched employee must at least be paid 1 week's pay for each completed year of ongoing service. However, the employer must pay the retrenched employee the amount specified in any policy or his/her employment contract, if that amount is larger.

A separation agreement (also commonly referred to as a severance agreement) between an employer and a departing employee specifying terms of the employee's separation from employment, including a release of legal claims against the employer in exchange for a benefit.

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Arizona Employment Separation Agreement