Common use of Termination and Severance Pay Clause in Contracts

Termination and Severance Pay. Employee’s employment shall continue until terminated as follows: A. By death or permanent disability of Employee; or B. By resignation of Employee, which requires that Employee shall give the County not less than sixty (60) calendar days prior written notice of termination; or C. By action of the Board of Supervisors, in which case Employee shall have no right of appeal. 1. In the event Employee is terminated without cause while he is willing and able to successfully perform his duties under this Agreement, then Employer agrees to pay Employee, in lump sum, severance pay at the first practical payroll date following such termination in an amount equal to the aggregate of three (3) months salary, plus all paid leave accrued in accordance with the County’s Personnel Policies in effect at the time, and plus any other benefit costs that the County would have paid on Employee’s behalf for a period of three (3) months on the same terms as if Employer had not terminated Employee without cause. Except for the severance pay and benefits set forth in this paragraph, Employee shall not be entitled to any other compensation or benefits provided in this Agreement after the date of his termination other than those required by federal or state law. The lump sum severance payment shall be subject to required federal and state withholding taxes and shall be allocated to the (3) month period following the termination as provided for in the Virginia Unemployment Compensation Act. 2. In the event that the Employee is terminated with cause as provided below, the Employer shall have no obligation to pay any severance amount, nor shall Employee have any right to receive any severance pay: a. Conviction of any criminal offense or illegal act (excluding minor traffic misdemeanors) under the laws of Virginia, the laws of the United States or other of its several states; or b. Conviction of any crime or illegal act involving moral turpitude; or c. Deliberate misconduct such as misappropriation of funds or property of the County or accepting bribes or kick-backs in connection with any transaction or contract on behalf of the County; or d. Willful misfeasance or malfeasance in office, or e. Inability to perform responsibilities of the office of County Attorney on a daily basis due to a mental or physical impairment for a period exceeding two (2) consecutive months of absence from Employee’s duties as County Attorney.

Termination and Severance Pay. Employee’s employment shall continue until terminated as follows: A. By death or permanent disability of Employee; or B. By resignation of Employee, which requires that Employee shall give the County not less than sixty (60) calendar days prior written notice of termination; or C. By action of the Board of Supervisors, in which case Employee shall have no right of appeal. 1. In the event Employee is terminated without cause during the initial four (4) year term, or during any renewal period, or in the event this Agreement is not renewed in accordance with Section 3, while he Employee is willing and able to successfully perform his duties under this Agreement, then Employer agrees to pay Employee, in lump sum, Employee severance pay at the first practical payroll date following such termination in an amount equal to the aggregate of three six (36) months salary, plus an amount equal to the Employer’s contribution to health insurance, retirement system contribution and monthly deferred compensation for the same six (6) month period, and plus all paid leave accrued in accordance with the County’s Personnel Policies in effect at the time. Such payment shall be made in lump sum, and plus any other benefit costs that paid at the County would have paid on Employee’s behalf for a period of three (3) months on the same terms as if Employer had not first practical payroll date following such termination. If Employee is terminated in accordance with Section 4(C)(2)(e), Employee without causeshall be entitled to all accrued sick leave. Except for the severance pay and benefits set forth in this paragraph, Employee shall not be entitled to any other compensation or benefits provided in this Agreement after the date of his termination other than those required by federal or state law. The lump sum severance payment shall be subject to required federal and state withholding taxes and shall be allocated to the six (36) month period following the termination as provided for in the Virginia Unemployment Compensation Act. 2. In the event that the Employee is terminated with cause as provided below, the Employer shall have no obligation to pay any severance amount, nor shall Employee have any right to receive any severance pay: a. Conviction of any criminal offense or illegal act (excluding minor traffic misdemeanors) under the laws of Virginia, the laws of the United States or other of its several states; or b. Conviction of any crime or illegal act involving moral turpitude; or c. Deliberate misconduct such as misappropriation of funds or property of the County or County, accepting bribes or kick-backs in connection with any transaction or contract on behalf of the County, fraud, misrepresentation, acts of dishonesty, or acts that violate accepted moral standards of the community; or d. Willful misfeasance or malfeasance in office, ; or e. Inability to perform responsibilities of the office of County Attorney Administrator on a daily basis due to a mental or physical impairment for a period exceeding two (2) consecutive months of absence from Employee’s duties as County Attorneyimpairment.

Termination and Severance Pay. Employee’s employment A. In the event the Employee is terminated pursuant to Paragraph B hereof and the Employee is willing and able to perform the duties of the position under this agreement, upon execution of a Separation Agreement and General Release, the Employer agrees to pay the Employee a lump sum cash payment equal to three (3) months aggregate annual salary, exclusive of other forms of compensation, less standard withholdings, in addition to the continuation of medical, dental and vision insurance benefits during the three (3) month period immediately following the date of termination. However, in the event the Employee is terminated because the Employee has been convicted of a misdemeanor or a felony, or if the County determines that the Employee has engaged in unprofessional and improper practice, other than negligence, and breach of public trust, including but not limited to illegal acts involving personal gain, or moral turpitude, the County shall continue until terminated as follows: A. By death be entitled to terminate the Employee immediately without any severance pay, or permanent disability of Employee; ormedical, dental and vision insurance continuation aside from COBRA. B. By resignation In the event the Employer at any point during the term of Employeethis agreement reduces the salary or other financial benefits of the Employee in a greater percentage than reductions to all other employees of Employer, which requires or if Employer refuses, following a written request to comply with any provision benefiting Employee herein; or the Employee resigns following a suggestion, whether formal or informal, by the County Administrator that he or she resign, then, in that event, Employee may, at his or her option, be deemed to be terminated at the date of such reduction or refusal to comply within the meaning and context of the herein severance pay provision. C. In the event the Employee voluntarily resigns her position with the County as Director of Planning and Development then the Employee shall give the County not less than sixty thirty (6030) calendar days prior written notice of termination; or C. By action of in advance, unless the Board of Supervisors, in which case Employee shall have no right of appeal. 1parties otherwise agree. In the event Employee is terminated without cause while he is willing and able to successfully perform his duties under this Agreement, then Employer agrees to pay Employee, in lump sum, severance pay at the first practical payroll date following such termination in an amount equal to the aggregate of three (3) months salary, plus all paid leave accrued in accordance with the County’s Personnel Policies in effect at the time, and plus any other benefit costs that the County would have paid on Employee’s behalf The provision for a period of three (3) months on the same terms as if Employer had not terminated Employee without cause. Except for the severance pay and continuation of employment benefits set forth detailed in this paragraphSECTION 3, Employee Paragraph A shall not be entitled to any other compensation or benefits provided in this Agreement after the date of his termination other than those required by federal or state law. The lump sum severance payment shall be subject to required federal and state withholding taxes and shall be allocated to the (3) month period following the termination as provided for in the Virginia Unemployment Compensation Act. 2. In the event that the Employee is terminated with cause as provided below, the Employer shall have no obligation to pay any severance amount, nor shall Employee have any right to receive any severance pay: a. Conviction of any criminal offense or illegal act (excluding minor traffic misdemeanors) under the laws of Virginia, the laws of the United States or other of its several states; or b. Conviction of any crime or illegal act involving moral turpitude; or c. Deliberate misconduct such as misappropriation of funds or property of the County or accepting bribes or kick-backs in connection with any transaction or contract on behalf of the County; or d. Willful misfeasance or malfeasance in office, or e. Inability to perform responsibilities of the office of County Attorney on a daily basis due apply to a mental or physical impairment for a period exceeding two (2) consecutive months of absence from Employee’s duties as County Attorneyvoluntary resignation.

Termination and Severance Pay. Employee’s employment shall continue until terminated as follows: A. By death or permanent disability of Employee; or B. By resignation of Employee, which requires that Employee shall give the County not less than sixty (60) calendar days prior written notice of termination; or C. By action of the Board of Supervisors, in which case Employee shall have no right of appeal. 1. In the event Employee is terminated without cause during the initial four (4) year term, or during any renewal period, or in the event this Agreement is not renewed in accordance with Section 3, while he Employee is willing and able to successfully perform his duties under this Agreement, then Employer agrees to pay Employee, in lump sum, Employee severance pay at the first practical payroll date following such termination in an amount equal to the aggregate of three six (36) months salary, plus an amount equal to the Employer’s contribution to health insurance and retirement system contribution for the same six (6) month period, and plus all paid leave accrued in accordance with the County’s Personnel Policies in effect at the time. Such payment shall be made in lump sum, and plus any other benefit costs that paid at the County would have paid on Employee’s behalf for a period of three (3) months on the same terms as if Employer had not first practical payroll date following such termination. If Employee is terminated in accordance with Section 4(C)(2)(e), Employee without causeshall be entitled to all accrued sick leave. Except for the severance pay and benefits set forth in this paragraph, Employee shall not be entitled to any other compensation or benefits provided in this Agreement after the date of his termination other than those required by federal or state law. The lump sum severance payment shall be subject to required federal and state withholding taxes and shall be allocated to the six (36) month period following the termination as provided for in the Virginia Unemployment Compensation Act. 2. In the event that the Employee is terminated with cause as provided below, the Employer shall have no obligation to pay any severance amount, nor shall Employee have any right to receive any severance pay: a. Conviction of any criminal offense or illegal act (excluding minor traffic misdemeanors) under the laws of Virginia, the laws of the United States or other of its several states; or b. Conviction of any crime or illegal act involving moral turpitude; or c. Deliberate misconduct such as misappropriation of funds or property of the County or County, accepting bribes or kick-backs in connection with any transaction or contract on behalf of the County, fraud, misrepresentation, acts of dishonesty, or acts that violate accepted moral standards of the community; or d. Willful misfeasance or malfeasance in office, ; or e. Inability to perform responsibilities of the office of County Attorney Administrator on a daily basis due to a mental or physical impairment for a period exceeding two (2) consecutive months of absence from Employee’s duties as County Attorneyimpairment.

Termination and Severance Pay. Employee’s employment shall continue until terminated as follows: A. By death or permanent disability of Employee; or B. By resignation of Employee, which requires that Employee shall give the County not less than sixty (60) calendar days prior written notice of termination; or C. By action of the Board of Supervisors, in which case Employee shall have no right of appeal. 1. In the event the Employee is terminated without cause while he by the Tax Commissioner pursuant to Paragraph B hereof and the Employee is willing and able to successfully perform his the duties of the position under this Agreement, then upon execution of a Separation Agreement and General Release, the Employer agrees to pay Employee, in the Employee a lump sum, severance pay at the first practical payroll date following such termination in an amount sum cash payment equal to the aggregate of three (3) months aggregate annual salary, plus all paid leave accrued exclusive of other forms of compensation, less standard withholdings, in accordance with the County’s Personnel Policies in effect at the time, and plus any other benefit costs that the County would have paid on Employee’s behalf for a period of three (3) months on the same terms as if Employer had not terminated Employee without cause. Except for the severance pay and benefits set forth in this paragraph, Employee shall not be entitled to any other compensation or benefits provided in this Agreement after the date of his termination other than those required by federal or state law. The lump sum severance payment shall be subject to required federal and state withholding taxes and shall be allocated addition to the continuation of medical, dental and vision insurance benefits during the three (3) month period immediately following the termination as provided for date of termination. However, in the Virginia Unemployment Compensation Act. 2. In the event that the Employee is terminated with cause as provided belowbecause the Employee has been convicted of a misdemeanor or a felony, or if the Tax Commissioner determines that the Employee has engaged in unprofessional and improper practice, other than negligence, and breach of public trust, including but not limited to illegal acts involving personal gain, or moral turpitude, the Employer Tax Commissioner shall have no obligation be entitled to pay any severance amount, nor shall terminate the Employee have any right to receive immediately without any severance pay:, or medical, dental and vision insurance continuation aside from COBRA. a. Conviction B. In the event the Employer at any point during the term of any criminal offense this Agreement reduces the salary or illegal act (excluding minor traffic misdemeanors) under the laws of Virginia, the laws other financial benefits of the United States Employee in a greater percentage than reductions to all other employees of Employer, or other if Employer refuses, following a written request to comply with any provision benefiting Employee herein; or the Employee resigns following a suggestion, whether formal or informal, by the Tax Commissioner that he or she resign, then, in that event, Employee may, at his or her option, be deemed to be terminated at the date of its several states; or b. Conviction of any crime such reduction or illegal act involving moral turpitude; or c. Deliberate misconduct such as misappropriation of funds or property refusal to comply within the meaning and context of the herein severance pay provision. C. In the event the Employee voluntarily resigns his or her position with the County or accepting bribes or kick-backs as Chief Deputy Tax Commissioner then the Employee shall give the Tax Commissioner and the County thirty (30) days written notice in connection with any transaction or contract on behalf advance, unless the parties otherwise agree. The provision for severance pay and continuation of the County; or d. Willful misfeasance or malfeasance employment benefits detailed in officeSECTION 3, or e. Inability to perform responsibilities of the office of County Attorney on a daily basis due Paragraph A shall not apply to a mental voluntary resignation or physical impairment for to a period exceeding two (2) consecutive months termination of absence from Employee’s duties as County Attorneythis Agreement in accordance with the terms of Georgia law concerning Chief Deputy Tax Commissioners.

Termination and Severance Pay. Employee’s employment A. In the event the Employee is terminated pursuant to Paragraph B hereof and the Employee is willing and able to perform the duties of the position under this agreement, upon execution of a Separation Agreement and General Release, the Employer agrees to pay the Employee a lump sum cash payment equal to three (3) months aggregate annual salary, exclusive of other forms of compensation, less standard withholdings, in addition to the continuation of medical, dental and vision insurance benefits during the three (3) month period immediately following the date of termination. However, in the event the Employee is terminated because the Employee has been convicted of a misdemeanor or a felony, or if the County determines that the Employee has engaged in unprofessional and improper practice, other than negligence, and breach of public trust, including but not limited to illegal acts involving personal gain, or moral turpitude, the County shall continue until terminated as follows: A. By death be entitled to terminate the Employee immediately without any severance pay, or permanent disability of Employee; ormedical, dental and vision insurance continuation aside from COBRA. B. By resignation In the event the Employer at any point during the term of Employeethis agreement reduces the salary or other financial benefits of the Employee in a greater percentage than reductions to all other employees of Employer, which requires or if Employer refuses, following a written request to comply with any provision benefiting Employee herein; or the Employee resigns following a suggestion, whether formal or informal, by the County Administrator that he or she resign, then, in that event, Employee may, at his or her option, be deemed to be terminated at the date of such reduction or refusal to comply within the meaning and context of the herein severance pay provision. C. In the event the Employee voluntarily resigns his or her position with the County as Clerk to County Commission then the Employee shall give the County not less than sixty thirty (6030) calendar days prior written notice of termination; or C. By action of in advance, unless the Board of Supervisors, in which case Employee shall have no right of appeal. 1parties otherwise agree. In the event Employee is terminated without cause while he is willing and able to successfully perform his duties under this Agreement, then Employer agrees to pay Employee, in lump sum, severance pay at the first practical payroll date following such termination in an amount equal to the aggregate of three (3) months salary, plus all paid leave accrued in accordance with the County’s Personnel Policies in effect at the time, and plus any other benefit costs that the County would have paid on Employee’s behalf The provision for a period of three (3) months on the same terms as if Employer had not terminated Employee without cause. Except for the severance pay and continuation of employment benefits set forth detailed in this paragraphSECTION 3, Employee Paragraph A shall not be entitled to any other compensation or benefits provided in this Agreement after the date of his termination other than those required by federal or state law. The lump sum severance payment shall be subject to required federal and state withholding taxes and shall be allocated to the (3) month period following the termination as provided for in the Virginia Unemployment Compensation Act. 2. In the event that the Employee is terminated with cause as provided below, the Employer shall have no obligation to pay any severance amount, nor shall Employee have any right to receive any severance pay: a. Conviction of any criminal offense or illegal act (excluding minor traffic misdemeanors) under the laws of Virginia, the laws of the United States or other of its several states; or b. Conviction of any crime or illegal act involving moral turpitude; or c. Deliberate misconduct such as misappropriation of funds or property of the County or accepting bribes or kick-backs in connection with any transaction or contract on behalf of the County; or d. Willful misfeasance or malfeasance in office, or e. Inability to perform responsibilities of the office of County Attorney on a daily basis due apply to a mental or physical impairment for a period exceeding two (2) consecutive months of absence from Employee’s duties as County Attorneyvoluntary resignation.