In American Samoa, there isn't a national statutory requirement for notice periods during employment termination. Instead, notice periods are often established through individual employment contracts or collective bargaining agreements. These agreements should clearly define the required notice period for both the employer and employee in the event of termination.

Contractual Agreements

Notice periods are typically established through individual employment contracts or collective bargaining agreements. These agreements should clearly outline the required notice period for both the employer and employee in case of termination.

Government Employees

Government employees in American Samoa may have specific notice period requirements outlined in personnel regulations or union contracts. These regulations are typically established by the American Samoa Government Employees Retirement Fund (ASGERF).

At-Will Employment

In the absence of a contract or specific regulations, employment in American Samoa is likely considered "at-will." This means either the employer or employee can terminate the employment relationship at any time, with or without notice.

Industry Standards

Certain industries in American Samoa might have established norms regarding notice periods. Consulting with professionals within the specific industry can provide insight into typical practices.

In American Samoa, there are specific legal provisions regarding severance pay. The law mandates severance pay in certain circumstances. For instance, employees who have worked continuously for an employer for at least three months but less than one year are entitled to severance pay upon termination. However, this entitlement only applies if the termination of employment is not based on the employee's willful misconduct.

Calculation of Severance Pay

The calculation of severance pay is quite straightforward. Employees are entitled to one week's pay for each year of continuous service. The pay calculation is based on their regular rate of pay during their final week of employment.

No Other Severance Requirements

It's important to note that American Samoa does not have specific laws requiring severance pay in cases of redundancies (layoffs). Employers are not legally obligated to offer severance pay when dismissing employees due to economic or structural reasons. Also, the law currently mandates severance pay only for service durations between three months and one year.

Contractual Severance Provisions

Beyond the legal minimum, employers may offer severance packages as part of employment contracts or company policies. For more clarity about specific contractual severance agreements, it's advisable to consult an American Samoan employment lawyer.

In American Samoa, the principle of "at-will" employment is followed. This implies that both employers and employees can typically terminate the employment relationship at any time, with or without cause, and without advance notice, unless otherwise stipulated in an employment contract or collective bargaining agreement.

At-Will Termination

Termination can be initiated by both employers and employees without needing to justify a specific reason. However, there are exceptions:

• Discrimination: Termination of an employee based on protected characteristics such as race, religion, gender, age, or disability is strictly prohibited.
• Retaliation: Employers cannot terminate an employee in retaliation for protected activities such as reporting illegal practices or filing a wage claim.

Written Notice (Good Practice)

Although not legally required, it is considered good practice for both the employer and the employee to provide written notice of termination. The written notice should:

• Clearly state the termination of employment
• Indicate the effective date of termination
• Optionally, concisely outline the reasons for termination, if applicable

Contractual Obligations

Specific termination procedures that exceed the legal minimums in American Samoa may be established by individual employment contracts or collective bargaining agreements. It's crucial to examine any such agreements carefully.

• Important Note: If there is a suspected violation of an employee's rights, legal advice should be sought from an American Samoan employment lawyer.