Employment Separation Form Template for United States

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Key Requirements PROMPT example:

Employment Separation Form

"I need an Employment Separation Form for a senior software engineer who is voluntarily resigning from our tech company effective March 15, 2025, with standard non-compete provisions and including details about unvested stock options."

Document background
The Employment Separation Form serves as a crucial documentation tool when ending employment relationships in the United States. This document is essential for risk management and legal compliance, particularly with federal laws such as ADEA, FLSA, and COBRA. It typically includes details about final compensation, benefit continuation, company property return, and any post-employment obligations. The form helps prevent future disputes by clearly documenting the separation terms and ensuring all necessary steps are completed during the termination process.
Suggested Sections

1. Employee Information: Basic details including name, position, department, and employment dates

2. Separation Details: Last day of employment, type of separation (resignation/termination/layoff)

3. Final Payment Information: Details of final salary, benefits, and other compensation

4. Company Property Return: Checklist of company property to be returned

Optional Sections

1. Severance Package: Details of any severance pay or benefits, to be included when offering separation benefits

2. Non-Compete Agreement: Terms of post-employment competition restrictions, included when required by company policy or position sensitivity

3. Release of Claims: Legal release of potential claims against the employer, included when severance is offered or when seeking liability protection

Suggested Schedules

1. Benefits Summary: Detailed breakdown of final benefits and continuation options

2. Property Checklist: Itemized list of company property to be returned

3. State-Specific Notices: Required state-specific separation notices and information

4. COBRA Notice: Required notice regarding continuation of health benefits post-employment

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

Industries

ADEA Compliance: Age Discrimination in Employment Act requirements including 21-day consideration period for individual agreements, 7-day revocation period, and specific release language for workers over 40

FLSA Requirements: Fair Labor Standards Act considerations including final wage payment requirements and overtime compensation calculations

COBRA Notice: Consolidated Omnibus Budget Reconciliation Act requirements for notification of continuation of health benefits options

ERISA Compliance: Employee Retirement Income Security Act considerations regarding pension and retirement benefits during separation

WARN Act: Worker Adjustment and Retraining Notification Act requirements if separation is part of mass layoff or plant closing

State Final Pay Laws: State-specific requirements regarding timing and method of final paycheck delivery and calculation

State PTO Requirements: State-specific laws regarding mandatory payout of accrued vacation time and paid time off

State Release Requirements: State-specific requirements for valid release of claims and separation agreements

Non-Compete Regulations: State-specific rules regarding enforceability of non-compete agreements in separation context

Title VII Compliance: Ensuring separation complies with Civil Rights Act protections against discrimination based on race, color, religion, sex, and national origin

ADA Considerations: Americans with Disabilities Act compliance in separation process and agreement terms

NLRA Compliance: National Labor Relations Act considerations, particularly regarding collective bargaining agreements and protected concerted activity

FMLA Status: Family and Medical Leave Act considerations, including protection of employees on or recently returned from FMLA leave

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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