| name | separation-agreement |
| title | Employee Separation and Release Agreement |
| description | Drafts employer-side Employee Separation and Release Agreements with severance terms, general releases, ADEA/OWBPA compliance, restrictive covenants, and cooperation clauses. Use when drafting separation agreements, severance packages, release agreements, or termination settlements. |
| author | CaseMark |
| author_url | https://github.com/CaseMark/skills/tree/main/skills/legal/separation-agreement |
| license | Apache-2.0 |
| version | 0.1.0 |
| execution_mode | open |
| jurisdiction | us |
| practice | employment |
| language | en |
Employee Separation and Release Agreement
Drafts a separation agreement with severance consideration, comprehensive releases, and post-employment covenants tailored to the governing jurisdiction.
Prerequisites
Gather before drafting:
- Employee details — name, title, hire date, separation date, reason
- Compensation data — salary, accrued PTO, unpaid bonuses/commissions, equity
- Existing agreements — offer letter, employment contract, invention assignment, prior covenants
- Severance terms — payment amount/schedule, COBRA subsidy, outplacement
- Governing jurisdiction — state law for covenants and release requirements
- Employee age — ADEA/OWBPA applies if 40+
Agreement Sections
Draft these sections in order:
1. Opening and Recitals
Full legal names, corporate form, addresses, effective separation date. Recitals: acknowledge service period, mutual desire to resolve all matters, agreement supersedes prior understandings.
2. Separation Terms and Final Compensation
Address each: separation date, unpaid salary through that date, accrued PTO (check state-mandated payout rules), earned bonuses/commissions, outstanding expense reimbursement, benefits cessation date, and property return deadline.
3. Consideration and Severance
4. Release of Claims
General release covering employer, affiliates, officers, directors, employees, agents, successors, assigns.
Released claims (non-exhaustive): Title VII, ADA, ADEA, GINA, FMLA, FLSA, WARN Act, ERISA (to extent waivable), state wage/hour and anti-discrimination statutes, breach of contract, tort claims, defamation, IIED. Include Cal. Civ. Code § 1542 waiver if any California nexus.
Mandatory carve-outs (non-waivable):
