--- name: employee-separation-release title: Employee Separation and Release Agreement description: Drafts U.S. employee separation and release agreements exchanging severance consideration for a comprehensive release of employment-related claims, with OWBPA/ADEA compliance, COBRA terms, confidentiality, and post-employment obligations. Use when preparing separation agreements, severance packages, termination releases, or settling employment claims. author: CaseMark author_url: https://github.com/CaseMark/skills/tree/main/skills/legal/employee-separation-release license: Apache-2.0 version: 0.1.0 execution_mode: open jurisdiction: us practice: employment language: en --- # Employee Separation and Release Agreement Drafts a severance-backed agreement resolving employment-related claims and establishing post-employment obligations under U.S. law. ## Prerequisites Gather before drafting: - Employer entity, address, authorized signatory - Employee name, address, title, start date, separation date - Separation reason; disputed issues or pending claims - Final pay: wages through separation, PTO/vacation payout, bonuses/commissions, expense reimbursements - Severance: amount, schedule, method, conditions - Benefits: COBRA notice timing, any employer subsidy - Equity treatment: options/RSUs/units and governing plan docs - Existing agreements: confidentiality/IP, noncompete, non-solicit, arbitration - Governing law, forum, dispute resolution preference - Employee age; whether part of a group termination (OWBPA disclosure data if applicable) - Company property inventory and return process ## Workflow 1. Build a fact sheet from prerequisites; confirm missing items with the user. 2. Assemble agreement sections in the order below. 3. Insert optional clauses where triggered. 4. Run the compliance checklist and correct gaps. ## Section Order | # | Section | Key Content | |---|---------|-------------| | 1 | Opening and Recitals | Parties, effective date, separation context; keep factual, non-admission | | 2 | Separation Terms | Last day, final wages, PTO payout, commissions/bonuses, expense reimbursements; tie to state law | | 3 | Return of Property | Items, deadline, certification of return, access revocation | | 4 | Consideration | Severance amount/schedule, benefits subsidy, outplacement, equity; must exceed existing entitlements | | 5 | Release of Claims | General release of known/unknown federal, state, and local employment claims | | 6 | Carve-outs | Non-waivable claims, agency charges, post-signing claims, unemployment, workers' comp, indemnification | | 7 | OWBPA (age 40+) | ADEA-specific release; 21-day (individual) or 45-day (group) review period + 7-day revocation | | 8 | Confidentiality | Company confidential info + agreement terms; include DTSA immunity notice if trade secrets involved | | 9 | Non-Disparagement | Mutual; carve out protected activity and truthful testimony | | 10 | Restrictive Covenants | Reaffirm prior agreements; add new only if enforceable under governing law | | 11 | Cooperation | Reasonable post-separation cooperation with cost reimbursement | | 12 | Non-Admission | No liability admission | | 13 | Dispute Resolution | Governing law, forum, arbitration if chosen; preserve agency charge rights | | 14 | General Provisions | Severability, entire agreement, amendments, waiver, notices, counterparts | | 15 | Execution and Acknowledgments | Signatures, voluntary assent, counsel advisement, OWBPA acknowledgments | ## Optional Clauses Insert only when triggered: - **Noncompete** — if enforceable under governing law and role justifies it - **No rehire** — if employer policy requires it - **Nondisclosure of terms** — if standard in the jurisdiction - **409A compliance** — if severance extends beyond short-term deferral safe harbor ## Compliance Checklist - [ ] Severance clearly identified as consideration beyond what is already owed - [ ] Final pay timing and PTO payout conform to governing state's requirements - [ ] OWBPA notice includes correct review period (21 vs. 45 days) and 7-day revocation - [ ] For group terminations: OWBPA disclosure of decisional unit, job titles, ages of eligible/ineligible employees attached - [ ] Release carve-outs preserve right to file agency charges and non-waivable statutory claims - [ ] Arbitration clause (if used) does not waive non-waivable statutory remedies - [ ] No noncompete/non-solicit in states that prohibit or severely restrict them - [ ] DTSA whistleblower immunity notice included when trade secrets are covered - [ ] Confidentiality and non-disparagement terms do not restrict truthful testimony or protected activity - [ ] Wage claim release (if included) meets enforceability requirements in governing jurisdiction - [ ] Plain language used for consideration description, timelines, and revocation instructions