Employment Termination Agreement Generator for the USA

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Key Requirements PROMPT example:

Employment Termination Agreement

"I need an Employment Termination Agreement for a senior software engineer leaving voluntarily on March 15, 2025, including standard non-compete provisions and a severance package worth three months' salary."

Document background
The Employment Termination Agreement serves as a crucial document when ending an employment relationship in the United States. It's typically used in situations involving voluntary resignations, layoffs, or negotiated departures. The agreement provides legal protection for both parties by clearly documenting the terms of separation, including final compensation, benefit continuation, and mutual releases of claims. It must comply with various federal and state employment laws, particularly when dealing with age discrimination (ADEA), civil rights (Title VII), and state-specific requirements for separation agreements.
Suggested Sections

1. Parties: Identification of employer and employee

2. Background: Brief employment history and reason for termination

3. Definitions: Key terms used throughout the agreement

4. Termination Date: Specific date employment ends and final day of work

5. Final Payment Terms: Details of final salary, benefits, and statutory payments

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

7. Governing Law: Specification of applicable state and federal laws

Optional Sections

1. Severance Benefits: Additional compensation or benefits offered beyond statutory requirements

2. Non-Compete Provisions: Restrictions on future employment and competitive activities

3. Confidentiality Obligations: Ongoing duties regarding company confidential information and trade secrets

4. Return of Company Property: Process and timeline for returning company assets and materials

5. Cooperation: Requirements for post-employment assistance with transition and legal matters

6. Non-Disparagement: Mutual obligations regarding future statements about each party

Suggested Schedules

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

2. Schedule B - Company Property List: Itemized list of company property to be returned

3. Schedule C - Benefit Continuation Details: Specifics of ongoing benefits and COBRA information

4. Schedule D - Release of Claims: Detailed release language as required by state and federal law

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 specific language and time periods for review and revocation, particularly crucial for employees over 40

Title VII Compliance: Title VII of the Civil Rights Act considerations to ensure termination is not discriminatory based on protected characteristics and proper release of claims language

FLSA Requirements: Fair Labor Standards Act compliance ensuring all wages, overtime, and compensation are properly addressed in the termination agreement

COBRA Notifications: Consolidated Omnibus Budget Reconciliation Act requirements regarding continuation of health benefits and mandatory notice requirements

WARN Act Compliance: Worker Adjustment and Retraining Notification Act requirements if termination is part of mass layoff or plant closing, including notice requirements

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

State Release Claims: State-specific requirements for release of claims language and enforceability conditions

Non-Compete Laws: State-specific regulations regarding enforcement and limitations of non-compete and non-solicitation provisions

Unemployment Provisions: State-specific rules regarding unemployment compensation and impact of termination agreement on benefits

Severance Requirements: State-specific requirements regarding severance pay calculations and mandatory provisions

PTO Payout Rules: State-specific requirements regarding payout of accrued vacation time and paid time off

OWBPA Compliance: Older Workers Benefit Protection Act requirements for valid waivers and mandatory disclosures

ERISA Considerations: Employee Retirement Income Security Act implications for benefits and retirement plans in termination context

NLRA Compliance: National Labor Relations Act considerations, particularly important if employee is part of unionized workplace

ADA Compliance: Americans with Disabilities Act considerations to ensure termination agreement doesn't violate disability rights protections

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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