Global Release Of Claims Template for United States

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Key Requirements PROMPT example:

Global Release Of Claims

"I need a Global Release of Claims to settle an employment dispute with a former senior executive, including confidentiality provisions and the release of all claims up to March 15, 2025, with specific carve-outs for non-waivable rights under California law."

Document background

The Global Release of Claims is a crucial legal instrument utilized when parties seek to definitively resolve all potential claims between them. This document is commonly used in employment separations, settlement of disputes, or business transaction closures within the United States. It must carefully balance comprehensive release language with compliance requirements under federal and state laws. The document typically includes specific carve-outs for non-waivable rights and may require special provisions for age-related claims under the OWBPA.

Suggested Sections

1. Parties: Identification of releasing and released parties, including all relevant contact information and legal designations

2. Background: Context of the release, relationship between parties, and circumstances leading to the release

3. Definitions: Key terms used throughout the release, including 'Released Claims', 'Released Parties', and other critical definitions

4. Release Provisions: Comprehensive description of claims being released, including scope and extent of the release

5. Consideration: Details of the value being exchanged for the release, including payment terms if applicable

6. Non-Admission of Liability: Statement clarifying that the release does not constitute admission of wrongdoing by any party

7. Governing Law: Specification of jurisdiction and laws governing the agreement

8. Execution: Signature blocks, dates, and witness requirements if applicable

Optional Sections

1. Age-Related Provisions: Specific provisions required by ADEA/OWBPA for releasers age 40 or older, including review periods and revocation rights

2. Confidentiality Provisions: Terms regarding confidentiality of the agreement and its contents

3. Non-Disparagement: Provisions prohibiting parties from making negative statements about each other

4. Return of Property: Requirements and timeline for returning company property or confidential information

Suggested Schedules

1. Schedule A - Released Claims: Detailed enumeration of specific claims being released

2. Schedule B - Excluded Claims: List of claims specifically excluded from the release (e.g., workers compensation, unemployment)

3. Schedule C - Notice of Rights: Required notices about statutory rights and time periods for consideration

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

Relevant legal definitions

Clauses

Relevant Industries

Corporate
Healthcare
Financial Services
Manufacturing
Technology

Relevant Teams

Human Resources
Legal
Finance
Compliance
Risk Management

Relevant Roles

Human Resources Director
General Counsel
Risk Manager
Compliance Officer
Chief Financial Officer

Industries

ADEA Compliance: Age Discrimination in Employment Act requirements for valid waivers, including specific language and time periods for review

OWBPA Requirements: Older Workers Benefit Protection Act specifications for valid waivers of age discrimination claims, including 21/45 day review periods and 7-day revocation period

Title VII Considerations: Civil Rights Act provisions affecting release of discrimination claims based on race, color, religion, sex, and national origin

ADA Compliance: Americans with Disabilities Act requirements for releasing disability discrimination claims

FLSA Restrictions: Fair Labor Standards Act limitations on releasing wage and hour claims, which typically require court or DOL approval

FMLA Considerations: Family and Medical Leave Act provisions affecting the release of claims related to protected medical leave

WARN Act Compliance: Worker Adjustment and Retraining Notification Act requirements for mass layoffs and plant closings

State Law Compliance: Consideration of applicable state-specific labor laws, discrimination protections, and release requirements

Non-Waivable Rights: Identification of rights that cannot be waived, including workers' compensation, unemployment benefits, and EEOC charges

Consideration Requirements: Legal requirements for valid consideration to support the release, ensuring it is adequate and clearly stated

Clear Language Requirement: Obligation to use clear, specific, and unambiguous language that is easily understood by the releasing party

Knowing and Voluntary Standard: Requirements to ensure the release is knowingly and voluntarily executed, including proper time for review and consultation

Future Claims Limitation: Restrictions on releasing future claims that have not yet accrued at the time of signing

Whistleblower Protections: Limitations on releasing whistleblower rights and the ability to report violations to government agencies

Vested Benefits Protection: Restrictions on releasing claims to vested benefits under ERISA or other benefit plans

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Authors

Alex Denne

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