A Severability Clause in a Written Employment Contract Means That

As a professional, I understand the importance of clear and concise language in explaining legal terms and concepts. One such concept that employers and employees should be aware of is the severability clause in a written employment contract.

So, what exactly does a severability clause mean? Essentially, it is a provision in a contract that states that if any part of the agreement is deemed unenforceable or invalid, the remainder of the contract will still be upheld.

For example, let`s say an employment contract includes a non-compete clause that prohibits the employee from working for a competitor for a period of two years after leaving their current job. However, a court later determines that the clause is too restrictive and therefore unenforceable. Without a severability clause, the entire employment contract could be invalidated. However, if a severability clause is included, the rest of the contract (such as salary, benefits, job duties, etc.) will still be legally binding.

In essence, a severability clause provides added protection and ensures that the entire employment contract is not jeopardized by one unenforceable provision.

It`s important to note that the inclusion of a severability clause does not mean that employers can include unlawful or unethical provisions in their contracts. Rather, it simply means that if a court determines that a provision in the contract is unenforceable, the rest of the agreement will still be upheld.

In conclusion, a severability clause is an important provision for both employers and employees to understand and include in written employment contracts. It provides added protection and ensures that the entire agreement remains legally binding even if one provision is deemed unenforceable. As always, it`s important to consult with a legal professional when drafting or reviewing any employment contract.