Standard Severance Agreement Template for United States

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Key Requirements PROMPT example:

Standard Severance Agreement

"I need a Standard Severance Agreement for a senior software engineer leaving our technology company, including a 6-month non-compete clause and $75,000 severance payment to be paid in March 2025."

Document background
A Standard Severance Agreement is commonly used when employment relationships are terminated to provide clarity and finality for both parties. The agreement typically outlines severance compensation, benefits continuation, and releases of claims, while ensuring compliance with U.S. federal and state employment laws. It serves to protect both employer and employee interests by clearly defining post-employment obligations and rights. The document is particularly important in situations involving layoffs, restructuring, or voluntary separation programs, and must be carefully drafted to comply with various regulations including ADEA, OWBPA, and state-specific requirements.
Suggested Sections

1. Parties: Identification of employer and employee

2. Background: Context of employment termination and purpose of agreement

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

4. Severance Payment: Amount, timing, and method of severance payment, including tax implications

5. Release of Claims: Employee's comprehensive waiver of legal claims against employer, including statutory and common law claims

6. Confidentiality: Terms regarding non-disclosure of agreement and company information

7. Return of Company Property: Requirements and timeline for returning company assets and materials

8. Governing Law: Specification of applicable jurisdiction and choice of law

9. Entire Agreement: Integration clause confirming this agreement supersedes all prior agreements

Optional Sections

1. Non-Compete: Restrictions on future employment in competing businesses for a specified period and geographic area

2. Non-Solicitation: Restrictions on soliciting employees, customers, or vendors for a specified period

3. Outplacement Services: Details of career transition assistance and support services provided

4. Benefits Continuation: Terms for continued health insurance (COBRA) and other benefits post-termination

5. References: Agreement on how future employment references will be handled

Suggested Schedules

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

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

3. Appendix 1 - ADEA Disclosure: Required age discrimination disclosure for workers 40 and older

4. Appendix 2 - State-Specific Releases: Additional release language required by specific 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

Industries

ADEA Compliance: Age Discrimination in Employment Act requirements including 21-day consideration period (45 days for group layoffs) and 7-day revocation period for workers 40 and older

OWBPA Requirements: Older Workers Benefit Protection Act specifications for valid waivers of age discrimination claims

Title VII Considerations: Title VII of the Civil Rights Act provisions regarding discrimination protections and release of claims considerations

ERISA Compliance: Employee Retirement Income Security Act requirements affecting benefits and pension rights in severance agreements

FLSA Provisions: Fair Labor Standards Act considerations regarding wage and hour requirements, including non-waivable rights

State Law Compliance: State-specific requirements including severance laws, release requirements, unemployment compensation, non-compete regulations, and wage payment laws

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

COBRA Requirements: Consolidated Omnibus Budget Reconciliation Act provisions for continuation of health benefits

NLRA Compliance: National Labor Relations Act considerations regarding employee rights and collective bargaining

ADA Considerations: Americans with Disabilities Act requirements regarding disability discrimination and reasonable accommodations

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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