Agreed Reference Settlement Agreement for the United States

Agreed Reference Settlement Agreement Template for United States

An Agreed Reference Settlement Agreement is a legally binding document used in the United States that establishes the terms and content of employment references to be provided by a former employer. This agreement typically results from negotiation between parties and ensures consistency in future employment references while protecting both parties' interests. It often includes specific language to be used, designated contact persons, and procedures for handling reference requests, while complying with federal and state employment laws.

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What is a Agreed Reference Settlement Agreement?

The Agreed Reference Settlement Agreement is commonly used in the United States when employment relationships conclude and parties wish to establish clear parameters for future references. This document becomes particularly important in situations involving sensitive departures, senior positions, or when parties want to ensure consistency in future communications. The agreement typically includes specific approved language, designated contacts, and protocols for handling reference requests, while ensuring compliance with applicable state and federal laws. It serves as a risk management tool by preventing potential defamation claims while providing certainty for both parties.

What sections should be included in a Agreed Reference Settlement Agreement?

1. Parties: Identification of all parties to the agreement including former employer and employee

2. Background: Context of employment relationship and circumstances leading to the reference agreement

3. Definitions: Key terms used throughout the agreement

4. Agreed Reference Terms: Specific content and format of the agreed reference

5. Confidentiality: Terms regarding confidentiality of the agreement and reference content

6. Non-Disparagement: Mutual obligations regarding future statements

What sections are optional to include in a Agreed Reference Settlement Agreement?

1. Social Media Provisions: Terms regarding social media references and recommendations, used when parties want to address online platforms like LinkedIn

2. Future Inquiries Protocol: Procedure for handling unexpected reference requests, used when parties want to establish specific procedures for future situations

3. Third Party Notification: Terms regarding informing other employees about reference policy, used when multiple people might be asked for references

What schedules should be included in a Agreed Reference Settlement Agreement?

1. Agreed Reference Text: Full text of the agreed reference letter or statement

2. Approved Contact Details: List of authorized persons to provide references and their contact information

3. Response Templates: Standard templates for written or verbal references

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

Jurisdiction

United States

Publisher

Genie AI

Cost

Free to use
Industries

Employment Laws: Key federal statutes including Title VII of the Civil Rights Act, Fair Labor Standards Act (FLSA), and state-specific employment laws, plus EEOC guidelines for compliance in settlement agreements

Privacy Laws: State-specific privacy regulations and Fair Credit Reporting Act provisions that may affect the handling and disclosure of personal information in reference agreements

Defamation Laws: State-specific defamation statutes and common law principles regarding libel and slander that impact reference content and communications

Contract Laws: State contract laws, Statute of Frauds requirements, consideration requirements, and enforceability provisions that govern the agreement's validity

Settlement-Specific Regulations: Tax implications under IRS regulations, state-specific settlement agreement requirements, and relevant court rules for settlement supervision

Non-Disclosure Considerations: Trade secrets laws, confidentiality requirements, and state-specific restrictions on NDAs that affect the scope and enforceability of confidentiality provisions

Release of Claims: Age Discrimination in Employment Act, Older Workers Benefit Protection Act, and state-specific release requirements that must be addressed in the settlement terms

Industry-Specific Regulations: Sector-specific requirements and professional licensing considerations that may affect the terms and conditions of the settlement agreement

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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