[{"data":1,"prerenderedAt":540},["ShallowReactive",2],{"document-california-severance-agreement-D13912":3},{"document":4,"label":23,"preview":11,"thumb":24,"thumb600":25,"description":5,"descriptionCustom":6,"apiDescription":5,"pages":8,"extension":10,"parents":26,"breadcrumb":30,"related":38,"customDescModule":179,"customdescription":6,"mdFm":180,"mdProseHtml":539},{"description":5,"descriptionCustom":6,"label":7,"pages":8,"size":9,"extension":10,"preview":11,"thumb":12,"svgFrame":13,"seoMetadata":14,"parents":16,"keywords":15},"SEVERANCE AGREEMENT (CALIFORNIA) This Severance Agreement (the \"Agreement\") is effective [DATE], BETWEEN: [EMPLOYEE NAME] (the \"Employee\"), an individual with their principal place of residence located at: [COMPLETE ADDRESS] AND: [COMPANY NAME] (the \"Company\"), a company organized and existing under the laws of [STATE/PROVINCE], with its principal place of business located at: [COMPLETE ADDRESS] WHEREAS, the Employee's employment with the Company will terminate as of [TERMINATION DATE]; and WHEREAS, the Company and the Employee wish to establish an amicable arrangement concerning the terms of the Employee's termination and the payments and benefits that will be provided as severance; NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, the Parties agree as follows: TERMINATION OF EMPLOYMENT Termination Date: The Employee's last day of employment with the Company will be [TERMINATION DATE] (the \"Termination Date\"). From the Termination Date onward, the Employee will no longer represent the Company in any capacity. SEVERANCE PAYMENT AND BENEFITS 2.1 Severance Payment: The Company agrees to provide the Employee a severance payment in the amount of [AMOUNT], less applicable taxes and withholdings. This payment will be made within [NUMBER OF DAYS] days following the Termination Date, provided that this Agreement is signed, returned, and not revoked within the timeframes specified herein. 2.2 Health Benefits (COBRA): The Employee will be eligible to continue health benefits under the Consolidated Omnibus Budget Reconciliation Act (COBRA) at the Employee's expense, subject to the terms and conditions of COBRA. The Employee will receive information on how to continue coverage from the Company's benefits provider. 2.3 Accrued Wages and Vacation: The Company agrees to pay the Employee all accrued wages, unused vacation, and any other compensation due through the Termination Date, in accordance with California law. This payment will be made no later than the Employee's final paycheck on [FINAL PAYCHECK DATE]. 2.4 Bonus/Commission: If the Employee is eligible for a bonus or commission under any Company plan, the Employee will receive a prorated payment based on the time worked through the Termination Date, payable in accordance with the Company's regular payment schedule. RELEASE OF CLAIMS 3.1 General Release: In consideration of the severance payment and other benefits provided under this Agreement, the Employee, on behalf of themselves and their heirs, assigns, and successors, agrees to release and forever discharge the Company and its officers, directors, employees, agents, affiliates, successors, and assigns from any and all claims, liabilities, demands, and causes of action, known or unknown, arising out of or in any way related to the Employee's employment with or separation from the Company. This includes, but is not limited to, claims under the California Fair Employment and Housing Act (FEHA), Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act (ADEA), the Family and Medical Leave Act (FMLA), and any other federal, state, or local law. 3",null,"California Severance Agreement","4",513,"doc","https://templates.business-in-a-box.com/imgs/1000px/california-severance-agreement-D13912.png","https://templates.business-in-a-box.com/imgs/250px/13912.png","https://templates.business-in-a-box.com/svgs/docviewerWebApp1.html?v6#13912.xml",{"title":15,"description":6},"california severance agreement",[17,20],{"label":18,"url":19},"Business Plan Kit","/templates/business-plan-kit/",{"label":21,"url":22},"Business Procedures","/templates/business-procedures/","California Severance Agreement Template","https://templates.business-in-a-box.com/imgs/400px/13912.png","https://templates.business-in-a-box.com/imgs/600px/13912.png",[27,17,20],{"label":28,"url":29},"Templates","/templates/",[31,32,35],{"label":28,"url":29},{"label":33,"url":34},"Legal Agreements","/templates/business-legal-agreements/",{"label":36,"url":37},"Transfers Terminations & Releases","/templates/transfers-terminations-and-releases/",[39,43,47,51,55,59,63,67,71,75,79,83,87,106,121,136,151,164],{"label":40,"url":41,"thumb":42,"extension":10},"Severance Agreement","/template/severance-agreement-D525","https://templates.business-in-a-box.com/imgs/250px/525.png",{"label":44,"url":45,"thumb":46,"extension":10},"Severance Pay Agreement","/template/severance-pay-agreement-D12863","https://templates.business-in-a-box.com/imgs/250px/12863.png",{"label":48,"url":49,"thumb":50,"extension":10},"Severance Package","/template/severance-package-D13238","https://templates.business-in-a-box.com/imgs/250px/13238.png",{"label":52,"url":53,"thumb":54,"extension":10},"Severance Agreement (over 40)","/template/severance-agreement-over-40-D12862","https://templates.business-in-a-box.com/imgs/250px/12862.png",{"label":56,"url":57,"thumb":58,"extension":10},"Severance Plan","/template/severance-plan-D13185","https://templates.business-in-a-box.com/imgs/250px/13185.png",{"label":60,"url":61,"thumb":62,"extension":10},"Severance Letter","/template/severance-letter-D13283","https://templates.business-in-a-box.com/imgs/250px/13283.png",{"label":64,"url":65,"thumb":66,"extension":10},"California Liability Release Form","/template/california-liability-release-form-D13911","https://templates.business-in-a-box.com/imgs/250px/13911.png",{"label":68,"url":69,"thumb":70,"extension":10},"Termination Agreement","/template/termination-agreement-D13787","https://templates.business-in-a-box.com/imgs/250px/13787.png",{"label":72,"url":73,"thumb":74,"extension":10},"How To Negotiate Your Severance Package","/template/how-to-negotiate-your-severance-package-D13271","https://templates.business-in-a-box.com/imgs/250px/13271.png",{"label":76,"url":77,"thumb":78,"extension":10},"Employee Separation Agreement","/template/employee-separation-agreement-D12842","https://templates.business-in-a-box.com/imgs/250px/12842.png",{"label":80,"url":81,"thumb":82,"extension":10},"Separation and Release Agreement","/template/separation-and-release-agreement-D524","https://templates.business-in-a-box.com/imgs/250px/524.png",{"label":84,"url":85,"thumb":86,"extension":10},"Separation Agreement","/template/separation-agreement-D13184","https://templates.business-in-a-box.com/imgs/250px/13184.png",{"description":88,"descriptionCustom":6,"label":89,"pages":90,"size":9,"extension":10,"preview":91,"thumb":92,"svgFrame":93,"seoMetadata":94,"parents":96,"keywords":95,"url":105},"EMPLOYMENT AGREEMENT - AT WILL EMPLOYEE This Employment Agreement for \"At Will\" Employee (the \"Agreement\") is made and effective this [DATE], BETWEEN: [EMPLOYEE NAME] (the \"Employee\"), an individual with his main address at: [COMPLETE ADDRESS] AND: [YOUR COMPANY NAME] (the \"Corporation\"), an entity organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [YOUR COMPLETE ADDRESS] RECITALS In consideration of the covenants and agreements herein contained and the moneys to be paid hereunder, the Corporation hereby employs the Employee and the Employee hereby agrees to perform services as an employee of the Corporation, on an \"at will\" basis, upon the following terms and conditions: APPOINTMENT The Employee is hereby employed by the Corporation to render such services and to perform such tasks as may be assigned by the Corporation. The Corporation may, in its sole discretion, increase or reduce the duties, or modify the title and job description, of the Employee from time to time, and any such increase, reduction or modification shall not be deemed a termination of this Agreement. ACCEPTANCE OF EMPLOYMENT Employee accepts employment with the Corporation upon the terms set forth above and agrees to devote all Employee's time, energy and ability to the interests of the Corporation, and to perform Employee's duties in an efficient, trustworthy and business-like manner. DEVOTION OF TIME TO EMPLOYMENT The Employee shall devote the Employee's best efforts and substantially all of the Employee's working time to performing the duties on behalf of the Corporation. The Employee shall provide services during the hours that are scheduled by the Corporation management. The Employee shall be prompt in reporting to work at the assigned time. NO CONFLICT OF INTEREST Employee shall not engage in any other business while employed by the Corporation. Employee shall not engage in any activity that conflicts with the Employees duties to the Corporation. Employee shall not provide any service or lend any aid or assistance to any party that competes with the services offered by the Corporation. Employee shall not provide any services to clients or prospective clients of the Corporation outside of the provision of services for the Corporation, whether such services are provided with or without compensation or remuneration. CORPORATION PROPERTY Employee acknowledges and agrees that while employed by the Corporation the Employee may be provided with use of computer equipment and other property of the Corporation. The use and possession of the such items shall be subject to any policies, requirements or restrictions established by the Corporation. Such items may only be used in performance of the Employee's duties for the corporation. On request of the Corporation, the Employee shall immediately deliver any such items to the Corporation. Upon termination of employment, Employee shall have the affirmative duty to return any such item to the Corporation whether a request is made or not. The obligation to return Corporation property shall extend and include any and all work product, client property, proprietary rights, intangible property, and all other property of the corporation regardless of the form or medium. COMPENSATION The Corporation shall pay the Employee such hourly compensation as determined by the Corporation. Payment shall be at the same time as the Corporations usual payroll to other employees. BONUS & BENEFITS Payment of any bonuses shall be at the complete discretion of the Corporation. No guarantee or representation that any bonuses will be paid has been made to the Employee. Standard benefits that are provided to other non-management employees shall be offered to the Employee, subject to the Corporation's policies and the terms and conditions of such benefits. WITHHOLDING All sums payable to Employee under this Agreement will be reduced by all federal, state, local, and other withholdings and similar taxes and payments required by applicable law. QUALIFICATIONS OF EMPLOYEE The employee shall satisfy all of the qualification that are established by the Corporation. TERM OF AGREEMENT There shall be no guaranteed term of employment. Employer acknowledges and agrees that Employee shall be an \"At Will\" Employee and that Employee's employment may be terminated at any time by the Corporation, with or without cause. FEES FROM EMPLOYEE'S WORK The Corporation shall have exclusive authority to determine the fees, or a procedure for establishing the fees, to be charged to clients by the Corporation for services that are provided by the Employee. All sums paid to the Employee or the Corporation in the way of fees, in cash or in kind, or otherwise for services of the Employee, shall, except as otherwise specifically agreed by the Corporation, be and remain the property of the Corporation and shall be included in the Corporation's name in such checking account or accounts as the Corporation may from time to time designate. CLIENTS AND CLIENT RECORDS The Corporation shall have the authority to determine who will be accepted as clients of the Corporation, and the Employee recognizes that such clients accepted are clients of the Corporation and not the Employee. All client records and files of any type concerning clients of the Corporation shall belong to and remain the property of the Corporation, notwithstanding the subsequent termination of the employment. POLICIES AND PROCEDURES The Corporation shall have the authority to establish from time to time the policies and procedures to be followed by the Employee in performing services for the Corporation. This may include, but is not necessarily limited to, employment policies, computer use policies, Internet access policies, email policies, and all other policies, procedures, directives, and mandates established by the Corporation, whether or not in written form or formally adopted. Employee shall abide by the provisions of any contract entered into by the Corporation under which the Employee provides services. Employee shall comply with the terms and conditions of any and all contracts entered by the Corporation. TERMINATION Employee acknowledges and agrees that Employee is an \"at will\" employee of the Corporation. As such, no term of employment is created hereby and employee may be terminated at any time in the sole discretion of the Corporation, whether there exists any cause for termination or not. CREATIONS AND INVENTIONS Employee acknowledges and agrees that any and all work product of the Employee that is conceived or created during the Employee's employment with the Corporation is the exclusive property of the Corporation. This shall include any and all copyrights, trade secrets, confidential information, patents, trademarks, trade dress, ideas, concepts, plans, business plans, business concepts, techniques, inventions, drawings, artwork, logos, graphics, web pages, databases, software, programs, CGI's, plug ins, applications, brochures, inventions, marketing plans and concepts, and all other ideas and work product of the Employee. The Employee acknowledges and agrees that all creations shall be \"works made for hire\" as defined in the [ACT OR CODE]. Notwithstanding the fact that this material may be considered to be a work made for hire, Employee agrees, during Employee's employment and thereafter, which covenant shall survive any termination of the employment relationship, to execute any and all documents requested by the Corporation to confirm the Corporation's ownership and control of all such material, including but not limited to assignments of copyright, confirmations of work for hire status, waivers of proprietary rights, copyright application, and any other documents requested by Corporation. RESTRICTIVE COVENANTS","Employment Agreement_At Will Employee","7","https://templates.business-in-a-box.com/imgs/1000px/employment-agreement_at-will-employee-D541.png","https://templates.business-in-a-box.com/imgs/250px/541.png","https://templates.business-in-a-box.com/svgs/docviewerWebApp1.html?v6#541.xml",{"title":95,"description":6},"employment agreement_at will employee",[97,100,103],{"label":98,"url":99},"Human Resources","human-resources",{"label":101,"url":102},"Hire an Employee","hire-employee",{"label":33,"url":104},"business-legal-agreements","/template/employment-agreement_at-will-employee-D541",{"description":107,"descriptionCustom":6,"label":108,"pages":109,"size":9,"extension":10,"preview":110,"thumb":111,"svgFrame":112,"seoMetadata":113,"parents":115,"keywords":114,"url":120},"[DATE] [CONTACT NAME] [ADDRESS] [ADDRESS 2] [CITY, STATE/PROVINCE] [ZIP/POSTAL CODE] SUBJECT: Termination of your employment Dear [Contact name], We regret to inform you that your employment with [YOUR COMPANY NAME] is terminated effective upon receipt of this letter for the following reason(s): [DETAIL REASONS] [DETAIL REASONS] [DETAIL REASONS] Please vacate the premises immediately with your personal possessions. We will forward your salary earned to date in due course together with any vacation pay to which you are entitled. Within [NUMBER] days of termination we shall issue you a statement of accrued benefits. Any insurance benefits shall continue in accordance with applicable law and/or provisions of our personnel policy. Please contact [Name], at your earliest convenience, who will explain each of these items and arrange with you for the return of any company property. Sincerely, [YOUR NAME] [YOUR TITLE] [YOUR PHONE NUMBER] [YOUREMAIL@YOURCOMPANY.COM] [IF SENT BY EMAIL YOU MAY INCLUDE THIS NOTICE]","Employee Dismissal Letter","2","https://templates.business-in-a-box.com/imgs/1000px/employee-dismissal-letter-D508.png","https://templates.business-in-a-box.com/imgs/250px/508.png","https://templates.business-in-a-box.com/svgs/docviewerWebApp1.html?v6#508.xml",{"title":114,"description":6},"employee dismissal letter",[116,117],{"label":98,"url":99},{"label":118,"url":119},"Employee Termination","employee-termination","/template/employee-dismissal-letter-D508",{"description":122,"descriptionCustom":6,"label":123,"pages":124,"size":9,"extension":10,"preview":125,"thumb":126,"svgFrame":127,"seoMetadata":128,"parents":130,"keywords":129,"url":135},"NON-DISCLOSURE AGREEMENT (NDA) This Non-Disclosure Agreement (the \"Agreement\") is made and effective [DATE], BETWEEN: [YOUR COMPANY NAME] (the \"Disclosing Party\"), a corporation organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [YOUR COMPLETE ADDRESS] AND: [RECEIVING PARTY NAME] (the \"Receiving Party\"), an individual with his main address located at OR a corporation organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [COMPLETE ADDRESS] WHEREAS, Receiving Party has been or will be engaged in the performance of work on [DESCRIBE]; and in connection therewith will be given access to certain confidential and proprietary information; and WHEREAS, Receiving Party and Disclosing Party wish to evidence by this Agreement the manner in which said confidential and proprietary material will be treated. NOW, THEREFORE, it is agreed as follows: NON-DISCLOSURE OF CONFIDENTIAL INFORMATION Both Parties understand and agree that each Party may have access to the confidential information of the other party. For the purposes of this Agreement, \"Confidential Information\" means proprietary and confidential information about the Disclosing Party's (or it's suppliers') business or activities. Such information includes all business, financial, technical, and other information marked or designated by such Party as \"confidential\" or \"proprietary.\" Confidential Information also includes information which, by the nature of the circumstances surrounding the disclosure, ought in good faith to be treated as confidential. For the purposes of this Agreement, Confidential Information does not include: Information that is currently in the public domain or that enters the public domain after the signing of this Agreement. Information a Party lawfully receives from a third Party without restriction on disclosure and without breach of a non-disclosure obligation. Information that the Receiving Party knew prior to receiving any Confidential Information from the Disclosing Party. Information that the Receiving Party independently develops without reliance on any Confidential Information from the Disclosing Party. Each Party agrees that it will not disclose to any third Party or use any Confidential Information disclosed to it by the other Party except when expressly permitted in writing by the other Party. Each Party also agrees that it will take all reasonable measures to maintain the confidentiality of all Confidential Information of the other Party in its possession or control. TERM The term of this Agreement is [number] of [years/months] from the date of execution by both Parties. TITLE The Receiving Party agrees that all Confidential Information furnished by the Disclosing Party shall remain the sole property of the Disclosing Party. DISCLAIMER","Non Disclosure Agreement Nda","3","https://templates.business-in-a-box.com/imgs/1000px/non-disclosure-agreement-nda-D12692.png","https://templates.business-in-a-box.com/imgs/250px/12692.png","https://templates.business-in-a-box.com/svgs/docviewerWebApp1.html?v6#12692.xml",{"title":129,"description":6},"non disclosure agreement nda",[131,132],{"label":33,"url":104},{"label":133,"url":134},"Confidentiality Agreements","confidentiality-agreement","/template/non-disclosure-agreement-nda-D12692",{"description":137,"descriptionCustom":6,"label":138,"pages":139,"size":140,"extension":10,"preview":141,"thumb":142,"svgFrame":143,"seoMetadata":144,"parents":145,"keywords":149,"url":150},"INDEPENDENT CONTRACTOR AGREEMENT This Independent Contractor Agreement (\"Agreement\") is made and effective [Date], BETWEEN: [INDEPENDENT CONTRACTOR NAME] (the \"Independent Contractor\"), a company organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [COMPLETE ADDRESS] AND: [YOUR COMPANY NAME] (the \"Company\"), a company organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [YOUR COMPLETE ADDRESS] RECITALS Independent Contractor is engaged in providing [Describe] business services, its Employer Tax I.D. Number is [Insert], and its Business License Number is [insert]. Independent Contractor has complied with all Federal, State, and local laws regarding business permits, sales permits, licenses, reporting requirements, tax withholding requirements, and other legal requirements of any kind that may be required to carry out said business and the Scope of Work which is to be performed as an Independent Contractor pursuant to this Agreement. Independent Contractor is or remains open to conducting similar tasks or activities for clients other than the Company and holds themselves out to the public to be a separate business entity. Company desires to engage and contract for the services of the Independent Contractor to perform certain tasks as set forth below. Independent Contractor desires to enter into this Agreement and perform as an independent contractor for the company and is willing to do so on the terms and conditions set forth below. NOW, THEREFORE, in consideration of the above recitals and the mutual promises and conditions contained in this Agreement, the Parties agree as follows: TERMS This Agreement shall be effective commencing [Date], and shall continue until terminated at the completion of the Scope of Work which shall occur no later than [Date] or by either party as otherwise provided herein. STATUS OF INDEPENDENT CONTRACTOR This Agreement does not constitute a hiring by either party. It is the parties intentions that Independent Contractor shall have an independent contractor status and not be an employee for any purposes, including, but not limited to, [laws]. Independent Contractor shall retain sole and absolute discretion in the manner and means of carrying out their activities and responsibilities under this Agreement. This Agreement shall not be considered or construed to be a partnership or joint venture, and the Company shall not be liable for any obligations incurred by Independent Contractor unless specifically authorized in writing. Independent Contractor shall not act as an agent of the Company, ostensibly or otherwise, nor bind the Company in any manner, unless specifically authorized to do so in writing. TASKS, DUTIES, AND SCOPE OF WORK Independent Contractor agrees to devote as much time, attention, and energy as necessary to complete or achieve the following: [Describe]. The above to be referred to in this Agreement as the \"Scope of Work\". It is expected that the Scope of Work will completed by [Date]. Independent Contractor shall additionally perform any and all tasks and duties associated with the Scope of Work set forth above, including but not limited to, work being performed already or related change orders. Independent Contractor shall not be entitled to engage in any activities which are not expressly set forth by this Agreement. The books and records related to the Scope of Work set forth in this Agreement shall be maintained by the Independent Contractor at the Independent Contractor's principal place of business and open to inspection by Company during regular working hours. Documents to which Company will be entitled to inspect include, but are not limited to, any and all contract documents, change orders/purchase orders and work authorized by Independent Contractor or Company on existing or potential projects related to this Agreement. Independent Contractor shall be responsible to the management and directors of Company, but Independent Contractor will not be required to follow or establish a regular or daily work schedule. Supply all necessary equipment, materials and supplies. Independent Contractor will not rely on the equipment or offices of Company for completion of tasks and duties set forth pursuant to this Agreement. Any advice given Independent Contractors regarding the scope of work shall be considered a suggestion only, not an instruction. Company retains the right to inspect, stop, or alter the work of Independent Contractor to assure its conformity with this Agreement. ASSURANCE OF SERVICES Independent Contractor will assure that the following individuals (the \"Key Employees\") will be available to perform, and will perform, the Services hereunder until they are completed (identify by title and name as applicable): [Name of Key Employee, Title] [Name of Key Employee, Title] The Key Employees may be changed only with the prior written approval of the Company, which approval shall not be unreasonably withheld. COMPENSATION Independent Contractor shall be entitled to compensation for performing those tasks and duties related to the Scope of Work as follows: [Describe] Such compensation shall become due and payable to Independent Contractor in the following time, place, and manner: [Describe] NOTICE CONCERNING WITHHOLDING OF TAXES Independent Contractor recognizes and understands that it will receive a [specify tax] statement and related tax statements, and will be required to file corporate and/or individual tax returns and to pay taxes in accordance with all provisions of applicable Federal and State law. Independent Contractor hereby promises and agrees to indemnify the Company for any damages or expenses, including attorney's fees, and legal expenses, incurred by the Company as a result of independent contractor's failure to make such required payments. AGREEMENT TO WAIVE RIGHTS TO BENEFITS Independent Contractor hereby waives and foregoes the right to receive any benefits given by Company to its regular employees, including, but not limited to, health benefits, vacation and sick leave benefits, profit sharing plans, etc. This waiver is applicable to all non-salary benefits which might otherwise be found to accrue to the Independent Contractor by virtue of their services to Company, and is effective for the entire duration of Independent Contractor's agreement with Company. This waiver is effective independently of Independent Contractor's employment status as adjudged for taxation purposes or for any other purpose. Neither this Agreement, nor any duties or obligations under this Agreement may be assigned by either party without the consent of the other. TERMINATION This Agreement may be terminated prior to the completion or achievement of the Scope of Work by either party giving [number] days written notice. Such termination shall not prejudice any other remedy to which the terminating party may be entitled, either by law, in equity, or under this Agreement. NON-DISCLOSURE OF TRADE SECRETS, CUSTOMER LISTS AND OTHER PROPRIETARY INFORMATION Independent Contractor agrees not to disclose or communicate, in any manner, either during or after Independent Contractor's agreement with Company, information about Company, its operations, clientele, or any other information, that relate to the business of Company including, but not limited to, the names of its customers, its marketing strategies, operations, or any other information of any kind which would be deemed confidential, a trade secret, a customer list, or other form of proprietary information of Company. Independent Contractor acknowledges that the above information is material and confidential and that it affects the profitability of Company. ","Independent Contractor Agreement","6",62,"https://templates.business-in-a-box.com/imgs/1000px/independent-contractor-agreement-D160.png","https://templates.business-in-a-box.com/imgs/250px/160.png","https://templates.business-in-a-box.com/svgs/docviewerWebApp1.html?v6#160.xml",{"title":6,"description":6},[146],{"label":147,"url":148},"Consultant & Contractors","consulting-contractor-business","independent contractor agreement","/template/independent-contractor-agreement-D160",{"description":152,"descriptionCustom":6,"label":153,"pages":154,"size":9,"extension":10,"preview":155,"thumb":156,"svgFrame":157,"seoMetadata":158,"parents":160,"keywords":159,"url":163},"[DATE] [CONTACT NAME] [ADDRESS] [ADDRESS 2] [CITY, STATE/PROVINCE] [ZIP/POSTAL CODE] SUBJECT: JOB OFFER FOR [DESCRIBE] Dear [CANDIDATE NAME]: Congratulations! [Company name] is excited to offer you the position of [job title] with an expected start date of [day, month, year] at a starting salary of [dollar amount] per [hour, year, etc.]. You can expect to receive payment [weekly, biweekly, monthly, etc.], starting on [date of first pay period]. We must wrap up a few more formalities, including the successful completion of your [background check, drug screening, reference check, etc.]. As the [job title], you will report to [manager/supervisor name and title] at [workplace location] from [hours of day, days of week]","Job Offer Letter Long","1","https://templates.business-in-a-box.com/imgs/1000px/job-offer-letter-long-D12769.png","https://templates.business-in-a-box.com/imgs/250px/12769.png","https://templates.business-in-a-box.com/svgs/docviewerWebApp1.html?v6#12769.xml",{"title":159,"description":6},"job offer letter long",[161,162],{"label":98,"url":99},{"label":101,"url":102},"/template/job-offer-letter-long-D12769",{"description":165,"descriptionCustom":6,"label":166,"pages":167,"size":168,"extension":10,"preview":169,"thumb":170,"svgFrame":171,"seoMetadata":172,"parents":173,"keywords":177,"url":178},"EMPLOYMENT AGREEMENT FOR AN EXECUTIVE This Employment Agreement for an Executive (the \"Agreement\") is made and effective this [Date], BETWEEN: [EXECUTIVE NAME] (the \"Executive\"), an individual with his main address at: AND: [COMPANY NAME] (the \"Company\"), an entity organized and existing under the laws of the [STATE/PROVINCE], with its head office located at: Recitals In consideration of the covenants and agreements herein contained and the moneys to be paid hereunder, the Company hereby employs the Executive and the Executive hereby agrees to perform services as an Executive of the Company, upon the following terms and conditions: TERM The Company hereby employs Executive to serve as [position] and to serve in such additional or different position or positions as the Company may determine in its sole discretion. The term of employment shall be for a period of [NUMBER] years (\"Employment Period\") to commence on [DATE], unless earlier terminated as set forth herein. The effective date of this Agreement shall be the date first set forth above, and it shall continue in effect until the earlier of: The effective date of any subsequent employment agreement between the Company and the Executive; The effective date of any termination of employment as provided elsewhere herein; or [NUMBER] year(s) from the effective date hereof, provided, that this Employment Agreement shall automatically renew for successive periods of [NUMBER] years each unless either party gives written notice to other that it does not wish to automatically renew this Agreement, which written notice must be received by the other party no less than [NUMBER] days and no more than [NUMBER] days prior to the expiration of the applicable term. Duties and Responsibilities Executive will be reporting to [IDENTIFY]. Within the limitations established by the By-laws of the Company, the Executive shall have each and all of the duties and responsibilities of that position and such other or different duties on behalf of the Company, as may be assigned from time to time by [identify what person or body may assign additional responsibilities]. Location The initial principal location at which Executive shall perform services for the Company shall be [location]. Acceptance of Employment Executive accepts employment with the Company upon the terms set forth above and agrees to devote all Executive's time, energy and ability to the interests of the Company, and to perform Executive's duties in an efficient, trustworthy and business-like manner. Devotion of Time to Employment The Executive shall devote the Executive's best efforts and substantially all of the Executive's working time to performing the duties on behalf of the Company. The Executive shall provide services during the normal business hours of the Company as determined by the Company. Reasonable amounts of time may be allotted to personal or outside business, charitable and professional activities and shall not constitute a violation of this Agreement provided such activities do not materially interfere with the services required to be rendered hereunder. QUALIFICATIONS The Executive shall, as a condition of this Agreement, satisfy all of the qualification that are reasonably and in good faith established by the Board of Directors. Compensation Base Salary Executive shall be paid a base salary (\"Base Salary\") at the annual rate of [salary], payable in bi-weekly installments consistent with Company's payroll practices. The annual Base Salary shall be reviewed on or before [DATE] of each year, unless Executive's employment hereunder shall have been terminated earlier pursuant to this Agreement, starting on [agreed upon date] by the Board of Directors of the Company to determine if such Base Salary should be increased for the following year in recognition of services to the Company. In consideration of the services under this Agreement, Executive shall be paid the aggregate of basic compensation, bonus and benefits as hereinafter set forth. Payment Payment of all compensation to Executive hereunder shall be made in accordance with the relevant Company policies in effect from time to time, including normal payroll practices. Bonus From time to time, the Company may pay to Executive a bonus out of net revenues of the Company. Payment of any bonus compensation shall be at the sole discretion of the Board of Directors or the Executive committee of the Board of Directors and the Executive shall have no entitlement to such amount absent a decision by the Company as aforesaid to make such bonus compensation. Executive shall also be entitled to a bonus determined as follows: [DESCRIBE] Benefits The Company shall provide Executive with such benefits as are provided to other senior management Of the Company. Benefits shall include at a minimum (i) paid vacation of [NUMBER] days per year, at such times as approved by the Board of Directors, (ii) health insurance coverage under the same terms as offered to other Executives of the Company, (iii) retirement and profit sharing programs as offered to other Executives of the Company, (iv) paid holidays as per the Company's policies, and (v) such other benefits and perquisites as are approved by the Board of Directors. The Company has the right to modify conditions of participation, terminate any benefit, or change insurance plans and other providers of such benefits in its sole discretion. The Executive shall be reimbursed for out of pocket expenses that are pre-approved by the Company, subject to the Company's policies and procedures therefore, and only for such items that are a necessary and integral part of the Executive's job functions. NonDeductible Compensation In the event a deduction shall be disallowed by the Internal Revenue Service or a court of competent jurisdiction for federal income tax purposes for all or any part of the payment made to Executive by the Company or any other shareholder or Executive of the Company, shall be required by the Internal Revenue Service to pay a deficiency on account of such disallowance, then Executive shall repay to the Company or such other individual required to make such payment, an amount equal to the tax imposed on the disallowed portion of such payment, plus any and all interest and penalties paid with respect thereto. The Company or other party required to make payment shall not be required to defend any proposed disallowance or other action by the Internal Revenue Service or any other state, federal, or local taxing authorities. Withholding All sums payable to Executive under this Agreement will be reduced by all federal, state, local, and other withholdings and similar taxes and payments required by applicable law. Other Employment Benefits Business Expenses Upon submission of itemized expense statements in the manner specified by the Company, Executive shall be entitled to reimbursement for reasonable travel and other reasonable business expenses duly incurred by Executive in the performance of his duties under this Agreement. Benefit Plans Executive shall be entitled to participate in the Company's medical and dental plans, life and disability insurance plans and retirement plans pursuant to their terms and conditions. Executive shall be entitled to participate in any other benefit plan offered by the Company to its Executives during the term of this Agreement (other than stock option or stock incentive plans, which are governed by Section 3(d) below). Nothing in this Agreement shall preclude the Company or any affiliate of the Company from terminating or amending any Executive benefit plan or program from time to time. Vacation Executive shall be entitled to [agreed upon number of time] weeks of vacation each year of full employment, exclusive of legal holidays, as long as the scheduling of Executive's vacation does not interfere with the Company's normal business operations.","Employment Agreement Executive","12",97,"https://templates.business-in-a-box.com/imgs/1000px/employment-agreement_executive-D543.png","https://templates.business-in-a-box.com/imgs/250px/543.png","https://templates.business-in-a-box.com/svgs/docviewerWebApp1.html?v6#543.xml",{"title":6,"description":6},[174,175,176],{"label":98,"url":99},{"label":101,"url":102},{"label":33,"url":104},"employment agreement executive","/template/employment-agreement-executive-D543",false,{"seo":181,"reviewer":193,"quick_facts":197,"at_a_glance":200,"personas":204,"variants":229,"glossary":257,"clauses":291,"how_to_fill":342,"common_mistakes":383,"faqs":408,"industries":439,"comparisons":464,"diy_vs_lawyer":479,"jurisdictions":492,"related_template_ids_curated":513,"schema":526,"classification":527},{"meta_title":182,"meta_description":183,"primary_keyword":184,"secondary_keywords":185},"California Severance Agreement Template (Free Word)","Free California severance agreement template covering final pay, ADEA waiver, release of claims, and confidentiality. Used in 190+ countries. Free Word and PDF download.","california severance agreement template",[15,186,187,188,189,190,191,192],"severance agreement template california","california severance package template","severance agreement template word","employee severance agreement california","california separation agreement template","release of claims california template","california adea waiver template",{"name":194,"credential":195,"reviewed_date":196},"Bruno Goulet","CEO, Business in a Box","2026-05-02",{"difficulty":198,"legal_review_recommended":199,"signature_required":199},"advanced",true,{"what_it_is":201,"when_you_need_it":202,"whats_inside":203},"A California Severance Agreement is a binding contract between an employer and a departing employee that exchanges severance pay and benefits for the employee's release of legal claims against the company. This free Word download is pre-structured for California's strict employment law requirements — including mandatory ADEA waiver language, 21-day consideration periods, and 7-day revocation rights — and can be edited online and exported as PDF.\n","Use it whenever you are separating an employee — whether through layoff, restructuring, or mutual agreement — and offering compensation beyond statutory minimums in exchange for a release of claims. It is especially important in California, where employees retain unusually broad litigation rights and courts scrutinize releases closely.\n","Severance payment amount and schedule, comprehensive release of claims including ADEA and FEHA waivers, confidentiality and non-disparagement obligations, return of company property, benefits continuation terms, and the mandatory 21-day consideration and 7-day revocation periods required under federal and California law.\n",[205,209,213,217,221,225],{"title":206,"use_case":207,"icon_asset_id":208},"HR managers and directors","Documenting and standardizing employee separations across California locations","persona-hr-manager",{"title":210,"use_case":211,"icon_asset_id":212},"Small business owners","Settling a California employee departure without triggering costly litigation","persona-small-business-owner",{"title":214,"use_case":215,"icon_asset_id":216},"Startup founders","Offboarding early employees or co-founders with IP and equity exposure","persona-startup-founder",{"title":218,"use_case":219,"icon_asset_id":220},"In-house counsel","Preparing compliant separation packages for large-scale California RIFs","persona-in-house-counsel",{"title":222,"use_case":223,"icon_asset_id":224},"Operations directors","Managing restructuring separations consistently across a California workforce","persona-operations-director",{"title":226,"use_case":227,"icon_asset_id":228},"Employment attorneys","Using a structured template base for client-specific California separation matters","persona-employment-attorney",[230,234,238,242,246,250,254],{"situation":231,"recommended_template":232,"slug":233},"Separating an employee aged 40 or older","California Severance Agreement with ADEA/OWBPA Waiver","california-severance-agreement-D13912",{"situation":235,"recommended_template":236,"slug":237},"Group layoff affecting two or more employees aged 40+","OWBPA Group Termination Disclosure and Severance Agreement","severance-agreement-D525",{"situation":239,"recommended_template":240,"slug":241},"Settling a specific discrimination or harassment claim","Employment Settlement Agreement and Release","general-release-and-settlement-agreement-D12554",{"situation":243,"recommended_template":244,"slug":245},"Separating a C-suite executive with equity and clawback provisions","Executive Separation Agreement","separation-agreement-D13184",{"situation":247,"recommended_template":248,"slug":249},"Parting ways with an independent contractor","Contractor Termination Agreement","termination-agreement-D13787",{"situation":251,"recommended_template":252,"slug":253},"Mutual separation with no monetary payment","Mutual Separation and Release Agreement","mutual-release-D1043",{"situation":255,"recommended_template":256,"slug":237},"Non-California employee separation at a national company","General Employee Severance Agreement",[258,261,264,267,270,273,276,279,282,285,288],{"term":259,"definition":260},"Release of Claims","A contractual provision in which the employee agrees to give up the right to sue the employer for specified legal claims in exchange for severance consideration.",{"term":262,"definition":263},"ADEA Waiver","A waiver of age discrimination claims under the federal Age Discrimination in Employment Act, which requires specific statutory language, a 21-day review period, and a 7-day right to revoke.",{"term":265,"definition":266},"OWBPA","The Older Workers Benefit Protection Act — the federal law that sets mandatory procedural requirements for any waiver of ADEA claims by employees aged 40 or older.",{"term":268,"definition":269},"FEHA","The California Fair Employment and Housing Act — the state law prohibiting discrimination based on race, sex, age, disability, and other protected characteristics, with broader protections than federal law.",{"term":271,"definition":272},"Consideration Period","The minimum time — 21 days under the ADEA, or 45 days in a group layoff — that an employee aged 40 or older must be given to review and accept a severance agreement.",{"term":274,"definition":275},"Revocation Period","The 7-calendar-day window after signing during which an employee covered by the ADEA may revoke acceptance of the severance agreement without penalty.",{"term":277,"definition":278},"WARN Act","The federal Worker Adjustment and Retraining Notification Act, which requires 60 days' advance notice for mass layoffs — California's Cal-WARN applies to smaller employers and has stricter thresholds.",{"term":280,"definition":281},"Non-Disparagement Clause","A mutual or one-sided agreement prohibiting either party from making negative public statements about the other after separation.",{"term":283,"definition":284},"COBRA","The federal Consolidated Omnibus Budget Reconciliation Act, which allows departing employees to continue employer-sponsored health coverage for up to 18 months at their own expense.",{"term":286,"definition":287},"Clawback Provision","A clause requiring the employee to return severance payments if they violate post-separation obligations such as confidentiality or non-disparagement.",{"term":289,"definition":290},"Cal-WARN Act","California's version of the federal WARN Act, which covers employers with 75 or more employees and requires 60 days' notice for mass layoffs of 50 or more workers at a single location.",[292,297,302,307,312,317,322,327,332,337],{"name":293,"plain_english":294,"sample_language":295,"common_mistake":296},"Parties, Separation Date, and Recitals","Identifies the employer and employee as legal entities, states the official last day of employment, and sets out the background context for the agreement.","This California Severance Agreement and General Release ('Agreement') is entered into as of [DATE] between [EMPLOYER LEGAL NAME], a [STATE] [ENTITY TYPE] ('Company'), and [EMPLOYEE FULL NAME] ('Employee'). Employee's employment with the Company terminated on [SEPARATION DATE].","Using a trade name instead of the registered legal entity. If the employer's name doesn't match the employing entity on record, the release may not bind the correct legal party and is harder to enforce.",{"name":298,"plain_english":299,"sample_language":300,"common_mistake":301},"Severance Payment and Schedule","States the total severance amount, how it is calculated, the payment schedule, and that it exceeds what the employee would otherwise be entitled to receive.","In consideration of Employee's execution and non-revocation of this Agreement, Company shall pay Employee a lump-sum severance of $[AMOUNT], less applicable withholdings, within [8] calendar days of the Effective Date. This amount exceeds any payment to which Employee is otherwise entitled.","Failing to state explicitly that the severance exceeds statutory entitlements. Without this language, courts may find the employee received nothing beyond what was already owed — rendering the release unsupported by valid consideration.",{"name":303,"plain_english":304,"sample_language":305,"common_mistake":306},"General Release of Known and Unknown Claims","The employee releases all claims against the employer, including California Civil Code § 1542 unknown claims — the most legally critical clause in the entire agreement.","Employee releases and discharges Company from all claims, known or unknown, including but not limited to claims under Title VII, the ADEA, FEHA, California Labor Code, and any other federal, state, or local law. Employee expressly waives the protections of California Civil Code § 1542, which provides: 'A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release...'","Omitting the California Civil Code § 1542 waiver. Without it, employees can later assert unknown claims — effectively nullifying the entire release under California law.",{"name":308,"plain_english":309,"sample_language":310,"common_mistake":311},"ADEA and OWBPA Waiver (Employees Aged 40+)","For employees aged 40 or older, includes mandatory statutory language waiving age discrimination claims and confirms the employee's right to 21 days to consider and 7 days to revoke.","Employee knowingly and voluntarily waives all claims under the Age Discrimination in Employment Act. Employee acknowledges that: (a) this waiver is written in plain language; (b) Employee is advised to consult an attorney; (c) Employee has [21] days to consider this Agreement; and (d) Employee has 7 days after signing to revoke this Agreement.","Using a single ADEA waiver template for both individual and group terminations. Group layoffs of two or more employees aged 40+ require a 45-day consideration period and a written disclosure of job titles and ages of all affected employees — not just 21 days.",{"name":313,"plain_english":314,"sample_language":315,"common_mistake":316},"Confidentiality of Agreement Terms","Prohibits the employee from disclosing the existence or financial terms of the severance agreement to third parties, with standard exceptions for attorneys, tax advisors, and immediate family.","Employee agrees to keep the terms and conditions of this Agreement strictly confidential and shall not disclose them to any third party, except Employee's attorneys, accountants, or immediate family members who are themselves bound to confidentiality.","Omitting the carve-out for attorneys, accountants, and family. California courts scrutinize confidentiality clauses and have found overbroad restrictions — with no exceptions — to be unconscionable, potentially voiding the clause or the entire agreement.",{"name":318,"plain_english":319,"sample_language":320,"common_mistake":321},"Non-Disparagement","Each party agrees not to make negative public or private statements about the other. Often mutual, though employers frequently draft it as one-sided.","Employee agrees not to make any disparaging, negative, or defamatory statements about Company, its officers, directors, employees, products, or services. Company agrees to provide only neutral references confirming Employee's dates of employment and last position held.","Drafting non-disparagement as one-sided (employee only) without disclosing this to the employee. California courts have increasingly found one-sided non-disparagement clauses to be evidence of unconscionability when combined with other imbalanced terms.",{"name":323,"plain_english":324,"sample_language":325,"common_mistake":326},"Return of Company Property and Data","Requires the employee to return all company property — devices, documents, credentials, and confidential data — on or before the separation date.","On or before the Separation Date, Employee shall return all Company property, including but not limited to laptops, mobile devices, access credentials, and any documents or data (in any format) containing Confidential Information. Employee shall permanently delete any Company data from personal devices.","No requirement to delete company data from personal devices. Remote employees frequently retain company files on personal hardware; without explicit deletion language, the return-of-property clause has a gap that creates IP and data security risk.",{"name":328,"plain_english":329,"sample_language":330,"common_mistake":331},"Benefits Continuation and COBRA Notice","States when employer-sponsored health benefits end, confirms that COBRA election information will be provided, and notes any employer-paid COBRA contribution as part of the severance package.","Employee's health benefits under the Company's group plan will terminate on [DATE]. Company will provide Employee with COBRA election materials within the statutory period. As additional consideration, Company agrees to pay the COBRA premium for [X] months, not to exceed $[AMOUNT] per month.","Agreeing to pay COBRA premiums for an indefinite period or stating a contribution without a monthly cap. COBRA premium rates can increase during the continuation period — an uncapped commitment exposes the employer to unpredictable cost.",{"name":333,"plain_english":334,"sample_language":335,"common_mistake":336},"Cooperation Clause","Requires the employee to cooperate reasonably with the employer in any future litigation, investigation, or regulatory matter relating to their period of employment.","Employee agrees to cooperate reasonably with Company in connection with any pending or future legal, regulatory, or administrative proceeding relating to Employee's period of employment, at Company's reasonable request and with reimbursement of reasonable out-of-pocket expenses.","No reimbursement obligation for the employee's time or expenses. Courts have found unlimited post-separation cooperation obligations — with no compensation — to be unconscionable, particularly in California.",{"name":338,"plain_english":339,"sample_language":340,"common_mistake":341},"Governing Law, Integration, and Severability","Confirms California law governs, that this agreement supersedes all prior agreements, and that if any clause is found unenforceable the remainder of the agreement survives.","This Agreement is governed by the laws of the State of California. It constitutes the entire agreement between the parties and supersedes all prior representations. If any provision is held unenforceable, the remaining provisions shall continue in full force and effect.","No severability clause. If a California court strikes a specific clause — such as an overbroad non-disparagement provision — without severability language, the entire agreement may be voided, unwinding the release and the severance payment.",[343,348,353,358,363,368,373,378],{"step":344,"title":345,"description":346,"tip":347},1,"Confirm the separating employee's age and adjust the waiver accordingly","If the employee is 40 or older, the ADEA/OWBPA waiver section becomes mandatory. Set the consideration period to 21 days (or 45 days for group terminations) and confirm the 7-day revocation period is clearly stated.","Even if you believe the employee will sign quickly, do not shorten the 21-day period — any waiver of the ADEA consideration period by the employee is itself void under the OWBPA.",{"step":349,"title":350,"description":351,"tip":352},2,"Enter the employer's full registered legal entity name","Use the exact legal name from your California Secretary of State filing — not a brand name or DBA. Cross-reference the entity name on the employee's pay stubs to confirm they match.","If the employer is a subsidiary, verify whether the parent company also needs to be named as a released party — particularly if the employee had any reporting relationship with the parent.",{"step":354,"title":355,"description":356,"tip":357},3,"Calculate and document the severance amount","Determine the total severance and confirm in the body of the agreement that it exceeds any statutory entitlement. State the gross amount, withholding treatment, and the specific payment date — typically within 8 calendar days of the Effective Date.","Do not net the severance against accrued PTO or final wages — final pay is a separate obligation under California Labor Code § 201–203 and must be paid on the last day of employment regardless of the severance agreement.",{"step":359,"title":360,"description":361,"tip":362},4,"Include the California Civil Code § 1542 waiver verbatim","Copy the full statutory text of § 1542 into the release clause and confirm the employee is expressly waiving its protections. This is non-negotiable for a release to be effective in California.","The § 1542 statutory text was amended in 2018 — make sure your template uses the current version ('creditor or releasing party' rather than the pre-2018 language).",{"step":364,"title":365,"description":366,"tip":367},5,"Tailor confidentiality and non-disparagement language","Decide whether non-disparagement will be mutual or one-sided. If one-sided, document the business rationale. Include carve-outs for legally required disclosures and NLRA-protected concerted activity.","Since 2022, California SB 331 prohibits confidentiality provisions that prevent employees from disclosing factual information about workplace harassment, discrimination, or retaliation. Ensure your language does not run afoul of this restriction.",{"step":369,"title":370,"description":371,"tip":372},6,"Complete the benefits and COBRA section","Enter the exact date benefits terminate, confirm COBRA election materials will be sent, and if the employer is contributing to COBRA premiums, state the monthly cap and duration explicitly.","Employer-paid COBRA contributions are generally taxable to the employee as imputed income after the 18-month statutory continuation period — note this in the agreement to avoid disputes.",{"step":374,"title":375,"description":376,"tip":377},7,"Have the employee sign before — not on — the separation date","Present the agreement no later than the separation date so the employee has the full consideration period. Both parties should date their signatures; the Effective Date is the 8th calendar day after the employee signs (day 1 being the day after signing).","Use a timestamped eSign platform to create an auditable record of when the agreement was presented, signed, and when the revocation period expired — critical if the release is ever challenged.",{"step":379,"title":380,"description":381,"tip":382},8,"Retain the fully executed agreement and set a revocation-period reminder","File the signed agreement and set a calendar reminder for the 8th calendar day after the employee's signature. No severance payment should be issued before the revocation period expires.","If the employee revokes within 7 days, the agreement is void and no severance is owed — document the revocation in writing immediately and confirm with the employee.",[384,388,392,396,400,404],{"mistake":385,"why_it_matters":386,"fix":387},"Omitting the California Civil Code § 1542 waiver","Without express § 1542 waiver language, the employee can assert unknown claims after signing — effectively rendering the entire release unenforceable under California law.","Include the full current statutory text of § 1542 and a sentence confirming the employee expressly waives its protections. Use the post-2018 amended language.",{"mistake":389,"why_it_matters":390,"fix":391},"Paying severance before the 7-day revocation period expires","If the employee revokes and you have already paid, recovering the funds is difficult. More importantly, paying early can be construed as pressure to discourage revocation — a violation of the OWBPA.","Make payment explicitly contingent on the Effective Date — defined as 8 calendar days after the employee's signature — and process payment only after that date passes without revocation.",{"mistake":393,"why_it_matters":394,"fix":395},"Using the 21-day consideration period for a group layoff","Group terminations involving two or more employees aged 40 or older require a 45-day consideration period and a written disclosure listing job titles and ages of all affected and non-affected employees. Using 21 days voids the ADEA waiver for all affected employees.","Any time two or more employees aged 40+ are terminated in connection with the same reduction in force, use the group termination OWBPA protocol and 45-day disclosure requirements.",{"mistake":397,"why_it_matters":398,"fix":399},"Including non-compete or non-solicit language in the agreement","California Business and Professions Code § 16600 renders virtually all post-employment non-compete and non-solicit agreements void. Including them does not make them enforceable — it signals legal error and can undermine the credibility of the whole agreement.","Remove all post-employment non-compete and customer non-solicit language. California permits trade secret protections and client non-solicitation only in very narrow circumstances — consult counsel before including any restriction.",{"mistake":401,"why_it_matters":402,"fix":403},"Mixing final wages and accrued PTO into the severance calculation","California Labor Code §§ 201–203 require final wages and accrued PTO to be paid on the last day of employment. These are statutory obligations — not consideration — and cannot be conditioned on signing a severance agreement.","Process final wages and accrued PTO as a separate, unconditional final paycheck on the termination date. State in the severance agreement that severance is above and beyond these already-paid amounts.",{"mistake":405,"why_it_matters":406,"fix":407},"No severability clause","California courts frequently strike individual clauses — particularly overbroad non-disparagement or confidentiality provisions. Without severability language, striking one clause can void the entire agreement, unwinding the release.","Include a standard severability clause confirming that if any provision is held unenforceable, the remaining provisions survive in full force and effect.",[409,412,415,418,421,424,427,430,433,436],{"question":410,"answer":411},"What is a California severance agreement?","A California severance agreement is a binding contract in which an employer pays departing compensation — typically a lump sum or continued salary — in exchange for the employee releasing legal claims against the company. California law imposes strict requirements that go beyond federal standards, including the mandatory waiver of California Civil Code § 1542 unknown claims and compliance with the Fair Employment and Housing Act. Any agreement that omits California-specific provisions is at risk of being partially or wholly unenforceable.\n",{"question":413,"answer":414},"Is a severance agreement required in California?","No employer is legally required to offer severance pay in California unless a prior contract, offer letter, or company policy promises it. However, if an employer wants a departing employee to release legal claims, a signed severance agreement is the only mechanism to obtain that release. Without one, the employee retains the full right to sue under Title VII, FEHA, the ADEA, and California Labor Code — regardless of what was discussed verbally at termination.\n",{"question":416,"answer":417},"What makes a California severance agreement different from an agreement in other states?","Three California-specific requirements distinguish a California severance agreement from a standard release used elsewhere. First, the agreement must expressly waive California Civil Code § 1542 — the statute that preserves unknown claims — otherwise the release is incomplete. Second, post-employment non-competes are void under Business and Professions Code § 16600 and must not appear in the document. Third, California SB 331 (effective 2022) prohibits confidentiality clauses that prevent employees from disclosing factual information about workplace harassment or discrimination. A template from another state that ignores these three requirements creates more legal exposure than no agreement at all.\n",{"question":419,"answer":420},"How long does an employee have to sign a California severance agreement?","Employees aged 40 or older must be given at least 21 days to consider the agreement under the OWBPA — or 45 days if two or more employees aged 40+ are terminated as part of the same reduction in force. Employees under 40 are not entitled to a statutory minimum consideration period, though best practice is to allow at least 5–7 business days. Once signed, employees aged 40 or older have an additional 7 calendar days to revoke. The agreement does not become effective — and no payment should be made — until this revocation period expires.\n",{"question":422,"answer":423},"Can an employer shorten the 21-day consideration period if the employee wants to sign quickly?","No. Under the OWBPA, an employee aged 40 or older may choose to sign before the 21 days expire, but the employer cannot require or pressure them to do so. If the employer conditions payment or other benefits on signing before the period ends, the waiver of ADEA claims is void. The 7-day revocation period is also absolute and cannot be waived or shortened under any circumstances.\n",{"question":425,"answer":426},"Can a California severance agreement include a non-compete clause?","No. California Business and Professions Code § 16600 renders virtually all post-employment non-compete agreements void, regardless of how they are structured or what consideration is offered. Including non-compete language does not make it enforceable — it signals a legally deficient agreement and may undermine the credibility of the entire document with a court. Trade secret protections remain available under the California Uniform Trade Secrets Act, but they operate separately from contractual non-competes.\n",{"question":428,"answer":429},"What happens if an employee revokes a California severance agreement?","If an employee aged 40 or older revokes within the 7-day window, the agreement is void from the beginning — no severance is owed and the employee retains all their legal claims. The revocation must typically be in writing and delivered before the 7-day period expires. Employers should document the revocation immediately and issue no payment. If payment was accidentally made before the revocation period expired, recovering it requires a separate legal proceeding.\n",{"question":431,"answer":432},"Does a California severance agreement need to be notarized?","Notarization is generally not required for a California severance agreement to be valid and enforceable. The agreement requires signatures from both parties and, for employees aged 40 or older, compliance with ADEA/OWBPA procedural requirements. However, using a timestamped electronic signature platform that records when the document was presented and signed creates a stronger evidentiary record if the agreement is later challenged.\n",{"question":434,"answer":435},"How much severance is standard in California?","California law does not mandate a specific severance formula. Common market practice ranges from 1 to 4 weeks of base salary per year of service, depending on the employee's seniority and tenure. Senior managers and executives often negotiate 1 to 3 months per year of service or a fixed floor of 3 to 6 months. For the release to be supported by valid consideration, the severance must exceed any payment the employee is already entitled to by law, contract, or company policy.\n",{"question":437,"answer":438},"Can an employee negotiate a California severance agreement?","Yes, and many do. California employees have strong litigation rights, which gives them leverage — particularly employees aged 40 or older with ADEA claims, or any employee with FEHA discrimination, harassment, or retaliation exposure. Common negotiation points include the total payment amount, the duration of employer-paid COBRA, acceleration of unvested equity, the scope of the release, and the wording of non-disparagement clauses. Employers should treat the 21-day consideration period as an implied negotiation window for senior hires.\n",[440,444,448,452,456,460],{"industry":441,"icon_asset_id":442,"specifics":443},"Technology / SaaS","industry-saas","IP assignment confirmation at separation, return of source code and proprietary data, equity treatment and acceleration terms, and non-disparagement covering product roadmap disclosures.",{"industry":445,"icon_asset_id":446,"specifics":447},"Financial Services","industry-fintech","FINRA and SEC regulatory cooperation clauses, bonus clawback provisions tied to regulatory findings, and enhanced confidentiality covering client and trading data after separation.",{"industry":449,"icon_asset_id":450,"specifics":451},"Healthcare","industry-healthtech","HIPAA-compliant data return obligations, credentialing and licensing status at separation, and non-disparagement language carefully scoped to exclude patient safety reporting obligations.",{"industry":453,"icon_asset_id":454,"specifics":455},"Retail / Hospitality","industry-retail","High-volume layoff scenarios triggering Cal-WARN Act obligations, accrued tip and commission wage treatment separate from severance, and short consideration periods for hourly workforce separations.",{"industry":457,"icon_asset_id":458,"specifics":459},"Manufacturing","industry-manufacturing","Cal-WARN mass layoff notice coordination, union agreement interaction with severance terms, and return of proprietary process documentation and trade secrets.",{"industry":461,"icon_asset_id":462,"specifics":463},"Professional Services","industry-professional-services","Client non-solicitation limited to California-permissible scope (trade secret basis only), billable hour and commission reconciliation at separation, and cooperation on ongoing client engagements.",[465,468,472,476],{"vs":256,"vs_template_id":466,"summary":467},"D{GENERAL_SEVERANCE_ID}","A general severance agreement does not include California-specific requirements such as the § 1542 unknown claims waiver, FEHA release language, or the SB 331 confidentiality restrictions. Using a non-California template for a California employee creates a release with gaps that courts can void. The California-specific version is required for any employee who works in California, regardless of where the employer is incorporated.",{"vs":469,"vs_template_id":470,"summary":471},"Employment Settlement Agreement","D{EMPLOYMENT_SETTLEMENT_ID}","An employment settlement agreement resolves a specific, already-filed or formally threatened legal claim — often through mediation — and is typically negotiated with both parties represented by counsel. A severance agreement is used proactively at the time of separation, before any claim is filed. Settlement agreements typically involve more negotiated terms and higher payments; severance agreements are operational documents used at scale.",{"vs":473,"vs_template_id":474,"summary":475},"Mutual Separation Agreement","D{MUTUAL_SEPARATION_ID}","A mutual separation agreement documents an agreed parting with no monetary payment exchanged — it confirms the separation date, property return, and reference terms, but does not include a full release of claims. Without consideration (money or additional benefits), a release of claims is unenforceable in California. Use a severance agreement any time the employer is offering payment; use a mutual separation agreement only when both parties agree to part with no financial exchange.",{"vs":244,"vs_template_id":477,"summary":478},"D{EXECUTIVE_SEPARATION_ID}","An executive separation agreement covers the same core terms as a standard California severance agreement but adds equity acceleration and vesting treatment, enhanced severance multiples (often 6–24 months), D&O indemnification tail coverage, change-of-control provisions, and more heavily negotiated non-disparagement terms. A standard California severance agreement is not appropriate for C-suite or VP-level separations with material equity or indemnification exposure.",{"use_template":480,"template_plus_review":484,"custom_drafted":488},{"best_for":481,"cost":482,"time":483},"Standard California employee separations for non-executive roles with straightforward severance and no pending claims","Free","30–60 minutes",{"best_for":485,"cost":486,"time":487},"Any separation involving an employee aged 40 or older, a group reduction in force, or a role with significant IP or client access","$400–$900 for a 1–2 hour California employment attorney review","2–5 business days",{"best_for":489,"cost":490,"time":491},"Executive separations, pending FEHA or ADEA claims, Cal-WARN mass layoffs, or any situation where the employee is already represented by counsel","$1,500–$6,000+ depending on complexity and negotiation","1–4 weeks",[493,498,503,508],{"code":494,"name":495,"flag_asset_id":496,"note":497},"us","United States","flag-us","Federal law under the ADEA and OWBPA mandates specific waiver language, a 21-day consideration period (45 days for group terminations), and a 7-day revocation right for employees aged 40 or older. Title VII and the ADA claims must also be expressly released. California's additional requirements — particularly the § 1542 waiver and FEHA release — layer on top of and are more demanding than federal minimums.",{"code":499,"name":500,"flag_asset_id":501,"note":502},"ca","Canada","flag-ca","Canadian severance agreements are governed by provincial employment standards legislation, not the ADEA or OWBPA. Ontario, BC, and Alberta each set statutory minimum termination pay and severance pay floors that cannot be waived by contract. Unlike California, unknown-claims waivers are not a standard requirement, and non-compete clauses may be enforceable if reasonable in scope — though Ontario's Working for Workers Act (2022) banned non-competes for most employees.",{"code":504,"name":505,"flag_asset_id":506,"note":507},"uk","United Kingdom","flag-uk","UK settlement agreements (formerly compromise agreements) require the employee to receive independent legal advice from a qualified adviser before signing — without this, the agreement is void. Statutory redundancy pay sets a floor that cannot be contracted out of. The first £30,000 of a genuine ex gratia payment is typically tax-free. ACAS Code of Practice on Disciplinary and Grievance Procedures applies when the separation follows a disciplinary process.",{"code":509,"name":510,"flag_asset_id":511,"note":512},"eu","European Union","flag-eu","EU member states vary significantly in severance entitlements — France requires statutory indemnité de licenciement, Germany provides Abfindung through social plan negotiations or court settlements, and Spain mandates statutory finiquito payments. GDPR imposes obligations on the return and deletion of personal data handled by the departing employee. Unlike California, most EU jurisdictions do not use a broad general-release mechanism — releases are narrower and subject to mandatory minimum entitlement floors that cannot be waived.",[514,515,516,517,518,519,520,521,522,523,524,525],"employment-agreement_at-will-employee-D541","employee-dismissal-letter-D508","non-disclosure-agreement-nda-D12692","independent-contractor-agreement-D160","job-offer-letter-long-D12769","employment-agreement-executive-D543","fixed-term-contract-D13225","remote-work-agreement-D13282","employee-handbook-D712","how-to-create-a-performance-improvement-plan-D12564","mutual-termination-of-contract-D513","letter-of-resignation-D512",{"emit_how_to":199,"emit_defined_term":199},{"primary_folder":104,"secondary_folder":528,"document_type":529,"industry":530,"business_stage":531,"tags":532,"confidence":538},"transfers-terminations-and-releases","agreement","general","all-stages",[533,534,535,536,537],"termination","severance","employment-law","california","release",0.95,"\u003Ch2>What is a California Severance Agreement?\u003C/h2>\n\u003Cp>A \u003Cstrong>California Severance Agreement\u003C/strong> is a legally binding contract between an employer and a departing employee that exchanges severance compensation for the employee's release of legal claims arising from the employment relationship. Unlike a general release used in other states, a California severance agreement must comply with a layered set of requirements: it must expressly waive the employee's rights under California Civil Code § 1542 (which would otherwise preserve unknown claims), include FEHA release language, comply with ADEA/OWBPA procedural mandates for employees aged 40 or older, and avoid post-employment non-compete language that is void under Business and Professions Code § 16600. A template that meets federal standards but ignores California's additional requirements produces a release with gaps that California courts can — and routinely do — void in whole or in part.\u003C/p>\n\u003Ch2>Why You Need This Document\u003C/h2>\n\u003Cp>Without a properly executed California severance agreement, a departing employee retains the full right to sue under Title VII, FEHA, the ADEA, California Labor Code, and common law — regardless of what was communicated verbally at separation. California employees have some of the broadest litigation rights of any workforce in the country, and plaintiffs' employment attorneys work on contingency, making demand letters and lawsuits a low-cost option for dissatisfied former employees. The direct cost of a single employment discrimination claim in California — even one that settles early — routinely exceeds $50,000 in legal fees alone. A severance agreement that is presented correctly, includes the § 1542 waiver and ADEA-compliant language, and is signed before the Effective Date closes that exposure for the cost of the severance payment itself. This template gives you the California-specific structure — complete with consideration periods, revocation windows, and the required statutory language — so you can execute compliant separations without rebuilding the document from scratch each time.\u003C/p>\n",1781185995763]