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Separation And Severance Agreement Template for United States

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Key Requirements PROMPT example:

Separation And Severance Agreement

"I need a Separation and Severance Agreement for a senior software engineer leaving our tech startup, including a 6-month non-compete clause and $75,000 severance package, with the separation date set for March 15, 2025."

Document background
A Separation and Severance Agreement is utilized when an employment relationship is being terminated, whether through layoff, mutual agreement, or other circumstances. This document is crucial in the United States for protecting both employer and employee interests during employment separation. The agreement typically details severance pay, benefits continuation, confidentiality requirements, and release of claims. It must comply with federal legislation including the Age Discrimination in Employment Act (ADEA) and state-specific requirements. The document is particularly important when providing severance benefits in exchange for the employee waiving their right to future legal claims. Special considerations apply when the affected employee is over 40 years old, requiring specific language and review periods as mandated by the Older Workers Benefit Protection Act (OWBPA).
Suggested Sections

1. Parties: Identification of employer and employee

2. Background: Context of employment and reason for separation

3. Definitions: Key terms used throughout the agreement

4. Separation Date: Official termination date and final day of employment

5. Severance Payment: Amount, timing, and conditions of severance payment

6. Release of Claims: Employee's waiver of legal claims against employer

7. Consideration Period: Statutory period for reviewing agreement (21 days for those over 40)

8. Revocation Rights: Right to revoke acceptance within specified period (7 days for ADEA compliance)

Optional Sections

1. Non-Compete Provisions: Restrictions on future employment in competitive markets

2. Non-Solicitation: Restrictions on soliciting employees or customers

3. Continuation of Benefits: Terms for extended benefits coverage including COBRA rights

4. Return of Property: Process and timeline for returning company property

5. Reference Provision: Terms for handling future employment reference requests

Suggested Schedules

1. Schedule A - Severance Calculation: Detailed breakdown of severance payment calculation

2. Schedule B - Benefits Summary: Summary of continued benefits and duration

3. Schedule C - Company Property List: Itemized list of company property to be returned

4. Appendix 1 - Release of Claims: Detailed release language required by state/federal law

5. Appendix 2 - ADEA Disclosure: Required disclosure for employees over 40

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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Industries

ADEA Compliance: Age Discrimination in Employment Act requirements including 21-day consideration period, 7-day revocation period, and specific language for waiving age discrimination claims for workers 40 and older

OWBPA Requirements: Older Workers Benefit Protection Act specifications for valid waivers and additional protections for older workers

Title VII Considerations: Title VII of the Civil Rights Act requirements regarding discrimination claims and appropriate waiver language

FLSA Compliance: Fair Labor Standards Act considerations regarding wage and hour requirements, including non-waivable rights

ADA Provisions: Americans with Disabilities Act considerations regarding disability discrimination and appropriate waiver language

State Labor Laws: State-specific labor law requirements including varying consideration periods and specific language requirements

Unemployment Compensation: State-specific unemployment compensation laws, impact on benefits, and required disclosures

COBRA Rights: Healthcare continuation requirements and necessary notifications under COBRA

Restrictive Covenants: Non-compete and non-solicitation provisions in accordance with state and federal laws

Confidentiality Requirements: Provisions for protecting company confidential information and trade secrets

Company Property: Requirements for return of company property and verification procedures

Tax Considerations: Tax implications of severance payments and required tax-related disclosures

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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