Severance Pay Release Of Claims Form for the United States

Severance Pay Release Of Claims Form Template for United States

A legally binding document used in the United States that establishes the terms under which an employee receives severance pay in exchange for releasing the employer from potential legal claims. The document must comply with federal laws including ADEA, OWBPA, and Title VII, as well as applicable state employment laws. It typically includes specific consideration periods, revocation rights, and detailed descriptions of claims being waived.

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What is a Severance Pay Release Of Claims Form?

The Severance Pay Release Of Claims Form is a critical document used when employment relationships are terminated in the United States. It serves as protection for employers against future litigation while providing financial compensation to departing employees. This document must carefully balance the interests of both parties while ensuring compliance with federal regulations such as the Age Discrimination in Employment Act and state-specific employment laws. It's commonly used in situations involving layoffs, restructuring, or negotiated departures, and typically includes detailed provisions about payment terms, benefits continuation, and comprehensive release of claims.

What sections should be included in a Severance Pay Release Of Claims Form?

1. Introduction: Identifies the parties and date of agreement

2. Consideration: Details of severance payment and benefits

3. Release of Claims: Comprehensive release of legal claims against employer

4. Review Period: Statement of time provided to review agreement (21 days for individual termination, 45 days for group termination for age 40+)

5. Revocation Period: Right to revoke acceptance within 7-day period (required for age 40+)

6. Non-Admission: Statement that agreement isn't admission of wrongdoing

7. Governing Law: Jurisdiction governing the agreement

What sections are optional to include in a Severance Pay Release Of Claims Form?

1. Confidentiality: Terms regarding non-disclosure of agreement terms and conditions

2. Non-Disparagement: Agreement not to make negative statements about employer or related parties

3. Return of Company Property: Requirements for returning company property and confirmation of compliance

4. References: Terms regarding future employment references and communications about employment

5. Ongoing Obligations: Reference to continuing obligations from employment agreement (such as non-compete or IP rights)

What schedules should be included in a Severance Pay Release Of Claims Form?

1. Schedule A - Payment Details: Detailed breakdown of severance payments, timing, and tax treatment

2. Schedule B - OWBPA Disclosure: Required disclosure for group terminations listing job titles and ages of those selected and not selected

3. Schedule C - Benefits Continuation: Details of continued benefits, COBRA information, and other post-employment benefits

4. Schedule D - Company Property Checklist: Itemized list of company property to be returned before final payment

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

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Age Discrimination in Employment Act (ADEA): Federal law requiring specific provisions for employees 40 and older, including mandatory 21-day consideration period, 7-day revocation period, and clear language about rights being waived

Older Workers Benefit Protection Act (OWBPA): Federal law mandating additional requirements for group terminations, including 45-day consideration period for group layoffs and disclosure requirements regarding affected employees

Title VII of the Civil Rights Act: Federal law covering discrimination claims, requiring clear language about release of discrimination claims based on protected characteristics

Americans with Disabilities Act (ADA): Federal law addressing disability discrimination claims and reasonable accommodation issues that must be considered in release agreements

Fair Labor Standards Act (FLSA): Federal law governing wage and hour claims and overtime compensation issues that need to be addressed in severance agreements

State Employment Laws: Varying requirements by state, including additional protected classes and state-specific notice requirements that must be incorporated into the release

State Unemployment Compensation Laws: State-specific laws governing impact on unemployment benefits and required disclosures in severance agreements

State Wage and Hour Laws: State-specific requirements regarding final payment and vacation/PTO payout that must be addressed in the agreement

WARN Act: Federal law addressing mass layoff considerations and notice requirements for larger workforce reductions

Employee Retirement Income Security Act (ERISA): Federal law governing benefits-related claims and continuation of benefits that must be addressed in severance agreements

National Labor Relations Act (NLRA): Federal law protecting concerted activity and union-related considerations that must be accounted for in release agreements

Family and Medical Leave Act (FMLA): Federal law governing leave-related claims and benefits continuation that should be addressed in severance agreements

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What is a Severance Pay Release Of Claims Form?

What sections should be included in a Severance Pay Release Of Claims Form?

What sections are optional to include in a Severance Pay Release Of Claims Form?

What schedules should be included in a Severance Pay Release Of Claims Form?

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