Employee Exit Form for the United States

Employee Exit Form Template for United States

An Employee Exit Form is a standardized document used in the United States to formalize and document an employee's departure from an organization. It ensures compliance with federal and state employment laws while protecting both the employer's and employee's interests. The form captures essential information about the separation, including final compensation, benefit details, return of company property, and continuing obligations regarding confidentiality and intellectual property.

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What is a Employee Exit Form?

The Employee Exit Form serves as a crucial documentation tool when processing employee departures in the United States. It is designed to ensure legal compliance while protecting both parties' interests during the separation process. This document should be used whenever an employee leaves the organization, whether through resignation, termination, or retirement. It includes sections covering final compensation, benefit termination or continuation, return of company property, and ongoing obligations. The form helps organizations maintain consistent exit procedures while ensuring compliance with federal and state employment laws.

What sections should be included in a Employee Exit Form?

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

2. Separation Details: Information about the last day of work, type of separation (resignation/termination/retirement), and reason for departure

3. Company Property Return: Checklist and acknowledgment of all company assets to be returned including equipment, keys, badges, and documents

4. Final Payment Information: Details about final salary payment, benefits, outstanding expense reimbursements, and vacation/PTO payout

5. Continuing Obligations: Acknowledgment of ongoing confidentiality, non-compete, and intellectual property obligations

What sections are optional to include in a Employee Exit Form?

1. Exit Interview Section: Questions and responses from exit interview, used for voluntary departures to gather feedback on employment experience

2. Benefits Continuation: Details about COBRA healthcare continuation and other post-employment benefits options

3. Reference Authorization: Employee's authorization for the company to provide employment references to future employers

4. Severance Agreement: Terms and conditions of any severance package offered, including payment details and additional releases

What schedules should be included in a Employee Exit Form?

1. Schedule A - Company Property Checklist: Detailed itemized list of company property to be returned with condition notes

2. Schedule B - Benefits Summary: Comprehensive overview of post-employment benefits, including COBRA details and retirement plan information

3. Schedule C - Final Payment Calculation: Detailed breakdown of final payment including base salary, accrued leave, bonuses, and deductions

4. Schedule D - Ongoing Obligations Summary: Summary of continuing obligations including non-compete, non-solicitation, and confidentiality terms

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

Document Type

Employment Form

Cost

Free to use
Industries

Fair Labor Standards Act (FLSA): Federal law governing final wage payments and overtime compensation during employment termination

COBRA: Consolidated Omnibus Budget Reconciliation Act requirements for continuation of health benefits after employment termination

ERISA: Employee Retirement Income Security Act governing retirement benefits and pension plans during exit process

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

HIPAA: Health Insurance Portability and Accountability Act requirements for protecting employee medical information privacy

State-Specific Final Pay Laws: Varying state requirements for timing and method of final paycheck delivery

State COBRA Laws: State-specific requirements for health insurance continuation that may exceed federal COBRA

State Non-Compete Regulations: State-specific rules governing enforcement of non-compete agreements post-employment

Company Property Return Protocol: Documentation requirements for acknowledging return of company assets and property

Confidentiality Obligations: Ongoing requirements for maintaining company confidentiality post-employment

ADEA: Age Discrimination in Employment Act considerations for employees over 40 years old

Title VII: Civil Rights Act provisions ensuring exit process is free from discrimination

ADA: Americans with Disabilities Act requirements for accommodations during exit process

IRS Record Retention: Internal Revenue Service requirements for maintaining employment tax records

EEOC Record Retention: Equal Employment Opportunity Commission requirements for maintaining employment records

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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