Severance Settlement Agreement for the United States

Severance Settlement Agreement Template for United States

A Severance Settlement Agreement is a legally binding contract used in the United States between an employer and a departing employee. This agreement outlines the terms of employment separation, including severance pay, benefits continuation, and release of potential legal claims. The document must comply with federal laws such as ADEA and OWBPA, as well as applicable state employment laws. It typically includes provisions for confidentiality, non-disparagement, and may contain non-compete clauses where permissible by state law.

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What is a Severance Settlement Agreement?

A Severance Settlement Agreement serves as a comprehensive resolution of the employment relationship upon termination. This document is typically used when an employer wishes to provide severance benefits in exchange for the employee's release of potential legal claims. The agreement must comply with various U.S. federal and state laws, including the Age Discrimination in Employment Act for employees over 40. A properly drafted Severance Settlement Agreement protects both parties by clearly defining severance payments, continuing obligations, and addressing potential future disputes. It's particularly important in situations involving high-level employees, reductions in force, or where there might be potential employment-related claims.

What sections should be included in a Severance Settlement Agreement?

1. Parties: Identification of employer and employee with full legal names and addresses

2. Background/Recitals: Brief history of employment relationship and circumstances leading to separation

3. Definitions: Key terms used throughout the agreement including 'Separation Date', 'Severance Payment', 'Released Claims'

4. Severance Payment: Details of severance amount, payment schedule, and tax treatment

5. Release of Claims: Comprehensive release of all potential claims against employer

6. Continuing Obligations: Ongoing duties including confidentiality and return of company property

7. Acknowledgments: Employee's confirmation of understanding and voluntary acceptance

What sections are optional to include in a Severance Settlement Agreement?

1. Non-Compete Provisions: Restrictions on future employment - use when protecting legitimate business interests is crucial and state law permits

2. Non-Solicitation: Restrictions on soliciting employees or customers - use when protecting customer relationships and workforce stability is important

3. Benefits Continuation: Details of ongoing benefits including health insurance - use when extending benefits beyond separation date

4. Outplacement Services: Details of career transition support - use when providing additional support services

5. Reference Provision: Terms for future employment references - use when agreeing on specific reference terms

What schedules should be included in a Severance Settlement Agreement?

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

2. Schedule B - Benefits Summary: Summary of continuing benefits and COBRA information

3. Schedule C - Company Property Checklist: List of company property to be returned

4. Appendix 1 - ADEA Disclosure: Required age discrimination disclosure for employees over 40

5. Appendix 2 - State-Specific Notices: Required notices based on applicable state law

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
Clauses
Industries

ADEA Compliance: Age Discrimination in Employment Act requirements including specific language for employees over 40, mandatory time periods for review and revocation, and clear waiver of age discrimination claims

OWBPA Requirements: Older Workers Benefit Protection Act specifications including 21-day consideration period (45 days for group terminations), 7-day revocation period, and valid waiver requirements

Title VII Considerations: Title VII of the Civil Rights Act provisions addressing discrimination claims waivers and ensuring non-discrimination based on protected characteristics

ERISA Compliance: Employee Retirement Income Security Act requirements affecting benefits-related provisions and continuation of health benefits

FLSA Requirements: Fair Labor Standards Act considerations regarding wage and hour claims and payment terms

State Employment Laws: State-specific requirements for releases, discrimination protections, and wage/hour laws that vary by jurisdiction

State Unemployment Laws: State-specific regulations regarding unemployment benefits and notice requirements

State Contract Laws: State-specific requirements for consideration and enforceability standards in contracts

IRC Section 409A: Internal Revenue Code Section 409A rules regarding deferred compensation and timing of payments

COBRA Requirements: Healthcare continuation coverage requirements and necessary notices under COBRA

Non-compete Provisions: State-specific rules regarding enforceability of non-compete and confidentiality provisions, including reasonable restriction requirements

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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