employee-separation-release
Drafts U.S. employee separation and release agreements exchanging severance consideration for a comprehensive release of employment-related claims, with OWBPA/ADEA compliance, COBRA terms, confidentiality, and post-employment obligations. Use when preparing separation agreements, severance packages, termination releases, or settling employment claims.
Full skill instructions
Drafts a severance-backed agreement resolving employment-related claims and establishing post-employment obligations under U.S. law.
Gather before drafting:
| # | Section | Key Content |
|---|---|---|
| 1 | Opening and Recitals | Parties, effective date, separation context; keep factual, non-admission |
| 2 | Separation Terms | Last day, final wages, PTO payout, commissions/bonuses, expense reimbursements; tie to state law |
| 3 | Return of Property | Items, deadline, certification of return, access revocation |
| 4 | Consideration | Severance amount/schedule, benefits subsidy, outplacement, equity; must exceed existing entitlements |
| 5 | Release of Claims | General release of known/unknown federal, state, and local employment claims |
| 6 | Carve-outs | Non-waivable claims, agency charges, post-signing claims, unemployment, workers' comp, indemnification |
| 7 | OWBPA (age 40+) | ADEA-specific release; 21-day (individual) or 45-day (group) review period + 7-day revocation |
| 8 | Confidentiality | Company confidential info + agreement terms; include DTSA immunity notice if trade secrets involved |
| 9 | Non-Disparagement | Mutual; carve out protected activity and truthful testimony |
| 10 | Restrictive Covenants | Reaffirm prior agreements; add new only if enforceable under governing law |
| 11 | Cooperation | Reasonable post-separation cooperation with cost reimbursement |
| 12 | Non-Admission | No liability admission |
| 13 | Dispute Resolution | Governing law, forum, arbitration if chosen; preserve agency charge rights |
| 14 | General Provisions | Severability, entire agreement, amendments, waiver, notices, counterparts |
| 15 | Execution and Acknowledgments | Signatures, voluntary assent, counsel advisement, OWBPA acknowledgments |
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