Employment
Employee Separation Agreement
North Carolina
Employee separation agreement and notice periods?
I am an employee who is currently in the process of resigning from my current position. I have been offered a separation agreement from my current employer which outlines the terms of my departure. I am looking for clarity on the notice period that must be included in the agreement, as well as any other requirements that must be fulfilled in order to ensure a smooth and compliant transition.
1 Attorney answer
Answer
Employment
North Carolina
Shelia H.
ContractsCounsel verified
North Carolina is an at-will state, meaning that either party can terminate the work relationship at any time, as long as that termination is not done illegally...for instance, as the result of employment discrimination. If you have a contract with an employer, then you are bound by the terms of the contract. For instance, if the contract states that you must provide 30 days notice prior to termination, then if you don't provide the notice, you could be in breach of the contract. In regards to what must be in the agreement, the employer can't provide false or misleading information. If the employee is over 40, then the employer must provide at least 21 days for the employee to review the agreement under the Older Workers Benefit Protection Act.