Employee Release Of Claims Template for United States

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Key Requirements PROMPT example:

Employee Release Of Claims

"I need an Employee Release of Claims for a senior software developer who is leaving voluntarily with a severance package of $75,000, and we need to ensure strong confidentiality and non-disparagement provisions are included to protect our intellectual property."

Document background

An Employee Release of Claims is a crucial document used when terminating employment relationships in the United States. It serves as a legal agreement where an employee waives their right to sue the employer for specific claims in exchange for consideration, usually in the form of severance pay or other benefits. The document must carefully comply with federal regulations such as the Age Discrimination in Employment Act (ADEA), Title VII of the Civil Rights Act, and various state laws. It's commonly used in situations involving layoffs, voluntary departures, or settlement of disputes, providing protection for employers while ensuring fair compensation for employees.

Suggested Sections

1. Parties: Identification of the employer and employee, including full legal names and addresses

2. Background: Context of employment relationship, separation circumstances, and purpose of the release

3. Definitions: Key terms used throughout the agreement including 'Released Claims', 'Effective Date', and 'Consideration'

4. Consideration: Details of payment or benefits provided in exchange for the release, including amount and payment terms

5. Release of Claims: Comprehensive description of claims being waived, including federal and state law claims

6. Non-Released Claims: Specification of claims that cannot be legally waived, such as workers compensation and unemployment benefits

7. Acknowledgements: Employee's confirmation of understanding, voluntary acceptance, and right to consult with counsel

Optional Sections

1. Confidentiality: Terms regarding non-disclosure of agreement terms and settlement amount

2. Non-Disparagement: Provisions preventing parties from making negative statements about each other

3. Return of Company Property: Requirements and timeline for returning company assets and documents

4. Continuing Obligations: Reference to ongoing obligations from previous agreements such as non-compete or confidentiality

Suggested Schedules

1. Schedule A - Consideration Details: Detailed breakdown of severance payment, benefits, and payment schedule

2. Schedule B - ADEA Disclosure: Required information for age discrimination releases including 21/45 day consideration period

3. Schedule C - State-Specific Addendum: Additional provisions and disclosures required by applicable state laws

Authors

Alex Denne

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

alex.den.21@genieai.co

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Let's create your Employee Release Of Claims

Authors

Alex Denne

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