[{"data":1,"prerenderedAt":526},["ShallowReactive",2],{"document-separation-and-release-agreement-D524":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":173,"customdescription":6,"mdFm":174,"mdProseHtml":525},{"description":5,"descriptionCustom":6,"label":7,"pages":8,"size":9,"extension":10,"preview":11,"thumb":12,"svgFrame":13,"seoMetadata":14,"parents":15,"keywords":22},"SEPARATION AND RELEASE Agreement This Separation and Release Agreement (\"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 \"Company\"), a corporation organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [YOUR COMPLETE ADDRESS] Recitals Employee is a former employee of the Company and the Parties wish to resolve any claim by Employee against the Company and all other existing differences completely and amicably, without litigation. Employee acknowledges that the payment to him under this Agreement is being made for the sole purpose of avoiding the uncertainties, vexations and expense of litigation. The Parties represent that they have been advised about the Agreement by their respective counsel, are competent to enter into it, fully understand its terms and consequences, and enter into it knowingly and voluntarily. NOW, THEREFORE, in consideration of the above recitals and the mutual promises and conditions contained in this Agreement, the Parties agree as follows: No Admission This Agreement is entered in connection with the compromise of disputed claims. Neither this Agreement nor any action or acts taken in connection with this Agreement or pursuant to it will constitute an admission by Company or any other person or entity of any violation of law, nor will it constitute or be construed as an admission of any wrongdoing whatsoever. In fact, Company, its officers, employees, agents and representatives specifically deny committing any unlawful act against Employee at any time. Payment Within three (3) days after execution of this Agreement, and in consideration for the promises and covenants contained herein, Company will cause to be delivered to counsel for Employee a check in the amount of [amount]. Except for this payment, Employee acknowledges and agrees that he is entitled to receive no other payments, benefits, or compensation from Company. Employee represents that there are no outstanding advances or other sums due to Company from Employee. Tax Appropriate tax deductions shall be made by the Company from the payment made under Section 2. Release Employee, on behalf of himself and his representatives, spouse, agents, heirs and assigns, releases and discharges Company and Company's former, current or future officers, employees, representatives, agents, fiduciaries, attorneys, directors, shareholders, insurers, predecessors, parents, affiliates, benefit plans, successors, heirs, and assigns from any and all claims, liabilities, causes of action, damages, losses, demands or obligations of every kind and nature, whether now known or unknown, suspected or unsuspected, which Employee ever had, now has, or hereafter can, shall or may have for, upon or by reason of any act, transaction, practice, conduct, matter, cause or thing of any kind whatsoever, relating to or based upon, in whole or in part, any act, transaction, practice or conduct prior to the date hereof, including but not limited to matters dealing with Employee's employment or termination of employment with the Company, or which relate in any way to injuries or damages suffered by Employee (knowingly or unknowingly). This release and discharge includes, but is not limited to, [specify law], claims arising under federal, state and local statutory or common law, including, but not limited to, [specify law], claims for wrongful discharge under any public policy or any policy of the Company, claims for breach of fiduciary duty, and the laws of contract and tort; and any claim for attorney's fees. Employee promises never to file a lawsuit or assist in or commence any action asserting any claims, losses, liabilities, demands, or obligations released hereunder. Known or Unknown Claims The Parties understand and expressly agree that this Agreement extends to all claims of every nature and kind, known or unknown, suspected or unsuspected, past, present, or future, arising from or attributable to any conduct of the Company and its successors, subsidiaries, and affiliates, and all their employees, owners, shareholders, agents, officers, directors, predecessors, assigns, agents, representatives, and attorneys, whether known by Employee or whether or not Employee believes he may have any claims, and that any and all rights granted to Employee under [law] or any analogous state law or federal law or regulations, are hereby expressly WAIVED, if applicable. Said Section [name] of [law] reads as follows: [retype paragraph] NonDisclosure Employee and his counsel represent that they have not disclosed the terms of this Agreement to anyone other than Employee's spouse. Employee, his counsel and Employee's spouse agree to keep the terms of the Agreement, including the fact that a payment was made to Employee and the amount of such payment, strictly confidential and, unless required by court order or other law, will not disclose such information without the prior written permission of the Company to anyone except Employee's attorneys or tax advisors, if any, but only after informing those persons that they too must keep the information confidential. If asked about the status of the dispute between the Parties, Employee, his counsel and Employee's spouse may state only that \"the matter has been resolved\" or words to that effect, but will not otherwise disclose any information about this Agreement or its terms. Because a breach of this confidentiality paragraph would cause Company damages that are impracticable or too difficult to fix, in the event of such a breach, Employee shall be liable to Company for liquidated damages in the amount of [amount] for each breach, plus any attorneys' fees and costs owed pursuant to Section 18 herein and any equitable relief. Employer property and trade secrets Employee will return to Company any and all of its property and documents which he or she may have in his or her possession. including, but not limited to, documents, equipment, tools, computers, customer lists, correspondence, handbooks, manual reports, plans, projects, drawings, marketing materials, software, tapes, phones, cars, keys, security devices, inventions, formulas, and proprietary information within [days] from the execution of this Agreement. No Future Employment Employee promises not to seek employment or any other business relationship at any time in the future with Company or any of its parents or affiliates and he forsakes any right to be employed or to have any other business relationship in the future with Company or any of its parents or affiliates. Non Solicitation of Clients and Customers The Employee, on behalf of himself or herself, their agents and assigns, agrees that, for a period of [NUMBER] year following the execution of this Agreement, or so long as Company is in operation, whichever is less, he or she will not, for any reason whatsoever, directly or indirectly solicit the clients or customers of Company, without the written permission of Company",null,"Separation and Release Agreement","6",62,"doc","https://templates.business-in-a-box.com/imgs/1000px/separation-and-release-agreement-D524.png","https://templates.business-in-a-box.com/imgs/250px/524.png","https://templates.business-in-a-box.com/svgs/docviewerWebApp1.html?v6#524.xml",{"title":6,"description":6},[16,19],{"label":17,"url":18},"Human Resources","/templates/human-resources/",{"label":20,"url":21},"Employee Termination","/templates/employee-termination/","separation release agreement","Separation and Release Agreement Template","https://templates.business-in-a-box.com/imgs/400px/524.png","https://templates.business-in-a-box.com/imgs/600px/524.png",[27,16,19],{"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/",[39,43,47,51,55,59,63,67,71,75,79,83,87,103,120,135,148,160],{"label":40,"url":41,"thumb":42,"extension":10},"Separation Agreement","/template/separation-agreement-D13184","https://templates.business-in-a-box.com/imgs/250px/13184.png",{"label":44,"url":45,"thumb":46,"extension":10},"Employee Separation Agreement","/template/employee-separation-agreement-D12842","https://templates.business-in-a-box.com/imgs/250px/12842.png",{"label":48,"url":49,"thumb":50,"extension":10},"Termination Of Agreement and Release","/template/termination-of-agreement-and-release-D13286","https://templates.business-in-a-box.com/imgs/250px/13286.png",{"label":52,"url":53,"thumb":54,"extension":10},"Job Separation Agreement","/template/job-separation-agreement-D13995","https://templates.business-in-a-box.com/imgs/250px/13995.png",{"label":56,"url":57,"thumb":58,"extension":10},"Location Release Agreement","/template/location-release-agreement-D14006","https://templates.business-in-a-box.com/imgs/250px/14006.png",{"label":60,"url":61,"thumb":62,"extension":10},"Separation Policy","/template/separation-policy-D13773","https://templates.business-in-a-box.com/imgs/250px/13773.png",{"label":64,"url":65,"thumb":66,"extension":10},"Mutual Release","/template/mutual-release-D1043","https://templates.business-in-a-box.com/imgs/250px/1043.png",{"label":68,"url":69,"thumb":70,"extension":10},"Termination and Separation Policy","/template/termination-and-separation-policy-D13788","https://templates.business-in-a-box.com/imgs/250px/13788.png",{"label":72,"url":73,"thumb":74,"extension":10},"Forbearance Agreement With Release Provision","/template/forbearance-agreement-with-release-provision-D878","https://templates.business-in-a-box.com/imgs/250px/878.png",{"label":76,"url":77,"thumb":78,"extension":10},"Unilateral Liability Release","/template/unilateral-liability-release-D1045","https://templates.business-in-a-box.com/imgs/250px/1045.png",{"label":80,"url":81,"thumb":82,"extension":10},"Employee Photo and Recording Release","/template/employee-photo-and-recording-release-D1042","https://templates.business-in-a-box.com/imgs/250px/1042.png",{"label":84,"url":85,"thumb":86,"extension":10},"General Release and Settlement Agreement","/template/general-release-and-settlement-agreement-D12554","https://templates.business-in-a-box.com/imgs/250px/12554.png",{"description":88,"descriptionCustom":6,"label":89,"pages":90,"size":91,"extension":10,"preview":92,"thumb":93,"svgFrame":94,"seoMetadata":95,"parents":97,"keywords":96,"url":102},"[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",513,"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":96,"description":6},"employee dismissal letter",[98,100],{"label":17,"url":99},"human-resources",{"label":20,"url":101},"employee-termination","/template/employee-dismissal-letter-D508",{"description":104,"descriptionCustom":6,"label":105,"pages":106,"size":91,"extension":10,"preview":107,"thumb":108,"svgFrame":109,"seoMetadata":110,"parents":112,"keywords":111,"url":119},"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":111,"description":6},"employment agreement_at will employee",[113,114,117],{"label":17,"url":99},{"label":115,"url":116},"Hire an Employee","hire-employee",{"label":33,"url":118},"business-legal-agreements","/template/employment-agreement_at-will-employee-D541",{"description":121,"descriptionCustom":6,"label":122,"pages":123,"size":91,"extension":10,"preview":124,"thumb":125,"svgFrame":126,"seoMetadata":127,"parents":129,"keywords":128,"url":134},"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":128,"description":6},"non disclosure agreement nda",[130,131],{"label":33,"url":118},{"label":132,"url":133},"Confidentiality Agreements","confidentiality-agreement","/template/non-disclosure-agreement-nda-D12692",{"description":136,"descriptionCustom":6,"label":137,"pages":8,"size":9,"extension":10,"preview":138,"thumb":139,"svgFrame":140,"seoMetadata":141,"parents":142,"keywords":146,"url":147},"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","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},[143],{"label":144,"url":145},"Consultant & Contractors","consulting-contractor-business","independent contractor agreement","/template/independent-contractor-agreement-D160",{"description":149,"descriptionCustom":6,"label":150,"pages":123,"size":91,"extension":10,"preview":151,"thumb":152,"svgFrame":153,"seoMetadata":154,"parents":156,"keywords":155,"url":159},"TERMINATION AGREEMENT This Termination Agreement (\"Agreement\") is entered into effect as of [DATE], BETWEEN: [PARTY A NAME] (\"Party A\"), an individual with their 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] AND: [PARTY B NAME] (\"Party B\"), an individual with their 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] PURPOSE OF THE AGREEMENT The Parties agree to terminate and conclude a previously existing agreement or relationship, as described in the agreement titled [Specify the Title of the Agreement], executed on [Effective Date of the Previous Agreement], hereinafter referred to as the \"Previous Agreement.\" TERMINATION OF PREVIOUS AGREEMENT 2.1 The Parties hereby terminate the Previous Agreement and agree that it is no longer in effect or enforceable. 2.2 All rights, obligations, and responsibilities arising from the Previous Agreement are hereby concluded, and the Parties are released from any further obligations under the Previous Agreement. RELEASE OF CLAIMS 3","Termination Agreement","https://templates.business-in-a-box.com/imgs/1000px/termination-agreement-D13787.png","https://templates.business-in-a-box.com/imgs/250px/13787.png","https://templates.business-in-a-box.com/svgs/docviewerWebApp1.html?v6#13787.xml",{"title":155,"description":6},"termination agreement",[157,158],{"label":17,"url":99},{"label":20,"url":101},"/template/termination-agreement-D13787",{"description":161,"descriptionCustom":6,"label":162,"pages":163,"size":91,"extension":10,"preview":164,"thumb":165,"svgFrame":166,"seoMetadata":167,"parents":169,"keywords":168,"url":172},"[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":168,"description":6},"job offer letter long",[170,171],{"label":17,"url":99},{"label":115,"url":116},"/template/job-offer-letter-long-D12769",false,{"seo":175,"reviewer":186,"legal_disclaimer":190,"quick_facts":191,"at_a_glance":193,"personas":197,"variants":222,"glossary":249,"clauses":283,"how_to_fill":334,"common_mistakes":375,"faqs":400,"industries":431,"comparisons":456,"diy_vs_lawyer":470,"jurisdictions":483,"related_template_ids_curated":504,"schema":512,"classification":513},{"meta_title":176,"meta_description":177,"primary_keyword":178,"secondary_keywords":179},"Separation and Release Agreement Template (Free Word)","Free separation and release agreement template for employee terminations. Covers severance, claims release, confidentiality, and non-disparagement. Free Word and PDF download.","separation and release agreement template",[180,181,182,183,184,185],"employee separation agreement","severance and release agreement template","separation agreement template word","employment separation agreement free","termination and release agreement","separation agreement template free download",{"name":187,"credential":188,"reviewed_date":189},"Bruno Goulet","CEO, Business in a Box","2026-05-02",true,{"difficulty":192,"legal_review_recommended":190,"signature_required":190,"notarization_required":173},"advanced",{"what_it_is":194,"when_you_need_it":195,"whats_inside":196},"A Separation and Release Agreement is a legally binding contract between an employer and a departing employee that documents the terms of the employment separation, provides severance compensation, and obtains the employee's release of all legal claims against the employer. This free Word download gives you a structured, attorney-quality starting point you can edit online and export as PDF before presenting it to the departing employee.\n","Use it whenever you are laying off, restructuring, or mutually separating from an employee and offering severance in exchange for a waiver of claims. It is especially critical when terminating employees who may have grounds for wrongful dismissal, discrimination, or wage claims.\n","Separation date, severance payment terms, a comprehensive release of claims, confidentiality obligations, non-disparagement, return of company property, COBRA and benefits continuation, non-compete and non-solicitation reminders, and the governing law and dispute-resolution clause.\n",[198,202,206,210,214,218],{"title":199,"use_case":200,"icon_asset_id":201},"HR managers","Processing layoffs or restructurings with a documented, consistent severance package","persona-hr-manager",{"title":203,"use_case":204,"icon_asset_id":205},"Small business owners","Protecting the business when separating from a long-tenured or at-risk employee","persona-small-business-owner",{"title":207,"use_case":208,"icon_asset_id":209},"Startup founders","Separating from a co-founder or early employee who has access to sensitive IP","persona-startup-founder",{"title":211,"use_case":212,"icon_asset_id":213},"Operations directors","Standardizing termination documentation across multiple departments or locations","persona-operations-director",{"title":215,"use_case":216,"icon_asset_id":217},"Employment counsel","Providing clients a structured starting point for negotiated executive departures","persona-legal-counsel",{"title":219,"use_case":220,"icon_asset_id":221},"CFOs and finance leaders","Documenting severance liability and obtaining releases before closing the books on a restructuring","persona-cfo",[223,226,230,234,237,241,245],{"situation":224,"recommended_template":7,"slug":225},"Separating from a standard full-time employee with a straightforward severance package","separation-and-release-agreement-D524",{"situation":227,"recommended_template":228,"slug":229},"Separating from an executive with equity, enhanced severance, or clawback terms","Executive Separation Agreement","separation-agreement-D13184",{"situation":231,"recommended_template":232,"slug":233},"Conducting a mass layoff affecting 50 or more employees","Group Layoff Separation Agreement (OWBPA-compliant)","employee-separation-agreement-D12842",{"situation":235,"recommended_template":236,"slug":229},"Separating from an employee who is 40 or older under US law","ADEA-Compliant Separation Agreement",{"situation":238,"recommended_template":239,"slug":240},"Mutual separation where both parties agree to part ways without dispute","Mutual Separation Agreement","mutual-termination-of-contract-D513",{"situation":242,"recommended_template":243,"slug":244},"Terminating an independent contractor engagement","Contract Termination Agreement","termination-agreement-D13787",{"situation":246,"recommended_template":247,"slug":248},"Dismissing an employee for cause with no severance but requiring confidentiality","Employee Termination Letter","employee-dismissal-letter-D508",[250,253,256,259,262,265,268,271,274,277,280],{"term":251,"definition":252},"Release of Claims","A contractual provision in which the employee waives the right to bring any future legal action against the employer arising from the employment relationship.",{"term":254,"definition":255},"Severance","Compensation paid to an employee upon separation, typically calculated as a number of weeks' pay per year of service, provided in exchange for signing the agreement.",{"term":257,"definition":258},"ADEA (Age Discrimination in Employment Act)","A US federal law requiring specific disclosures and a 21-day consideration period (45 days for group layoffs) before an employee aged 40 or older can validly waive age discrimination claims.",{"term":260,"definition":261},"OWBPA (Older Workers Benefit Protection Act)","A US federal amendment to the ADEA that sets mandatory procedural requirements — including a 7-day revocation period — for any release of ADEA claims to be enforceable.",{"term":263,"definition":264},"Consideration Period","The legally mandated or contractually offered period during which the employee may review the agreement before signing — typically 21 days for individual separations involving employees aged 40 or older.",{"term":266,"definition":267},"Revocation Period","The 7-day window after signing during which an employee aged 40 or older may rescind the agreement under ADEA/OWBPA, rendering the release void.",{"term":269,"definition":270},"Non-Disparagement Clause","A mutual or one-sided restriction prohibiting either or both parties from making negative public statements about the other following separation.",{"term":272,"definition":273},"COBRA","A US federal law allowing employees to continue group health insurance coverage for up to 18 months after separation, typically at the employee's own expense.",{"term":275,"definition":276},"Covenant Not to Sue","A stronger companion to a release in which the employee promises not to file a lawsuit, even for claims that were not validly waived — creating a damages remedy for breach.",{"term":278,"definition":279},"Clawback Provision","A clause allowing the employer to reclaim severance payments already made if the employee violates post-separation obligations such as non-disparagement or confidentiality.",{"term":281,"definition":282},"Integration Clause","A standard boilerplate provision stating that the written agreement is the complete and final record of the parties' deal, superseding all prior negotiations and representations.",[284,289,294,299,304,309,314,319,324,329],{"name":285,"plain_english":286,"sample_language":287,"common_mistake":288},"Parties, Separation Date, and Recitals","Identifies the employer and employee by legal name, states the official last day of employment, and sets the context for why the agreement is being entered into.","This Separation and Release Agreement ('Agreement') is entered into as of [DATE] by and between [EMPLOYER LEGAL NAME], a [STATE] [ENTITY TYPE] ('Company'), and [EMPLOYEE FULL NAME] ('Employee'). Employee's employment with the Company will end effective [SEPARATION DATE] ('Separation Date').","Using the offer date rather than the last day of employment as the 'Separation Date.' A mismatch between the agreement date and the actual last day creates ambiguity over when benefits, accrued PTO, and final pay obligations are triggered.",{"name":290,"plain_english":291,"sample_language":292,"common_mistake":293},"Severance Payment and Timing","States the exact severance amount or formula, whether it is paid as a lump sum or in installments, and the timing of the first payment — all conditioned on the release becoming effective.","In consideration of Employee's execution of this Agreement and the expiration of all revocation periods, Company shall pay Employee a severance of $[AMOUNT] (equivalent to [X] weeks of base salary), payable as a [lump sum / bi-weekly installments] beginning [X] business days after the Effective Date.","Promising payment before the revocation period expires. Under ADEA/OWBPA, paying before the 7-day revocation window closes means the employer may owe severance even if the employee later revokes — obtain a signed, non-revoked agreement before releasing any funds.",{"name":295,"plain_english":296,"sample_language":297,"common_mistake":298},"General Release of Claims","The core provision in which the employee releases all known and unknown claims against the employer — including discrimination, wage, breach of contract, and tort claims — arising from the employment relationship.","Employee, on behalf of themselves and their heirs, executors, and assigns, hereby irrevocably releases and discharges Company, its officers, directors, employees, agents, and successors from any and all claims, demands, actions, or causes of action of any kind, whether known or unknown, arising out of or relating to Employee's employment or separation, including but not limited to claims under Title VII, the ADA, the ADEA, the FLSA, and any applicable state or local employment laws.","Omitting an explicit enumeration of federal and state statutes. Courts in several jurisdictions require that specific statutes be named for their waiver to be enforceable — a generic 'all claims' sweep is sometimes insufficient for ADEA and state discrimination laws.",{"name":300,"plain_english":301,"sample_language":302,"common_mistake":303},"ADEA/OWBPA Disclosures (Employees Aged 40+)","Mandatory notices for any employee aged 40 or older, including the right to a 21-day review period, the right to consult an attorney, and the 7-day post-signature revocation right.","Employee acknowledges that: (a) this Agreement includes a waiver of rights under the ADEA; (b) Employee has been advised in writing to consult an attorney prior to signing; (c) Employee has [21] days to consider this Agreement; and (d) Employee may revoke this Agreement within 7 days of signing by written notice to [CONTACT NAME] at [EMAIL].","Using the same template for employees under and over 40 without including ADEA disclosures for the latter. The release of age discrimination claims is entirely void — not merely voidable — if the OWBPA requirements are not met, exposing the employer to litigation with no release in place.",{"name":305,"plain_english":306,"sample_language":307,"common_mistake":308},"Confidentiality and Trade Secrets","Confirms that post-separation confidentiality obligations from the employment agreement survive, and prohibits the employee from disclosing or misusing proprietary information, customer data, or trade secrets.","Employee reaffirms all confidentiality obligations under the Employment Agreement dated [DATE] and agrees not to use or disclose any Confidential Information of the Company at any time after the Separation Date. 'Confidential Information' includes trade secrets, customer lists, pricing, product roadmaps, and financial data.","Omitting reference to the underlying employment agreement. If the confidentiality clause in the separation agreement is narrower than the original employment agreement, it may inadvertently narrow the employer's protections.",{"name":310,"plain_english":311,"sample_language":312,"common_mistake":313},"Non-Disparagement","Restricts one or both parties from making negative, misleading, or damaging statements about the other — to the press, on social media, to customers, or to future employers.","Employee agrees not to make any disparaging, negative, or defamatory statements about the Company, its products, services, or personnel to any third party. Company agrees that its authorized representatives will not make disparaging statements about Employee to prospective employers.","Making the non-disparagement clause one-sided in favor of the employer only. Employees increasingly negotiate mutual obligations, and courts in some jurisdictions have found one-sided clauses to be inadequate consideration for the release.",{"name":315,"plain_english":316,"sample_language":317,"common_mistake":318},"Return of Company Property","Requires the employee to return all company assets — devices, documents, keys, access credentials, and any proprietary materials — on or before the Separation Date.","On or before the Separation Date, Employee shall return to Company all property, including laptop ([ASSET TAG]), mobile devices, access badges, company credit cards, and all documents (in any format) containing Confidential Information. Employee shall not retain any copies, digital or physical.","Failing to list specific assets by type or asset tag. Vague return-of-property obligations are difficult to enforce and leave the employer unable to prove breach if a device or document is retained.",{"name":320,"plain_english":321,"sample_language":322,"common_mistake":323},"Benefits Continuation and COBRA Notice","States when employer-sponsored benefits terminate, confirms that COBRA continuation information will be provided, and addresses any agreed benefit extensions.","Employee's participation in Company benefit plans will terminate on [DATE / last day of the month of separation]. Company will provide Employee with COBRA continuation notices within 14 days of the Separation Date. [OPTIONAL: Company agrees to pay Employee's COBRA premiums for [X] months following the Separation Date.]","Omitting the COBRA notice obligation entirely. Under US federal law, employers must provide COBRA election notices within 14 days of a qualifying event — failure triggers statutory penalties of up to $110 per day.",{"name":325,"plain_english":326,"sample_language":327,"common_mistake":328},"Non-Compete and Non-Solicitation Reminder","Reminds the employee that post-employment restrictive covenants from the original employment agreement remain in full force and are not waived by the separation.","Employee acknowledges that the non-compete and non-solicitation obligations set forth in Sections [X] and [Y] of the Employment Agreement dated [DATE] survive the Separation Date and remain in full force and effect for [X months] following the Separation Date.","Re-drafting restrictive covenants in the separation agreement rather than incorporating by reference. Redrafting creates a risk of inadvertently narrowing or expanding the original scope, triggering a fresh enforceability challenge.",{"name":330,"plain_english":331,"sample_language":332,"common_mistake":333},"Governing Law, Dispute Resolution, and Integration","Specifies the applicable jurisdiction's employment law, the method for resolving disputes (arbitration or court), and confirms the agreement is the entire record of the parties' deal.","This Agreement is governed by the laws of [STATE / PROVINCE]. Any dispute arising hereunder shall be resolved by binding arbitration in [CITY] under [AAA / JAMS] rules, except claims for injunctive relief. This Agreement constitutes the entire agreement between the parties and supersedes all prior representations and agreements.","Choosing a governing law with no connection to the employee's actual work location. California, for example, applies its own law to California-based employees regardless of what the contract states — mismatched governing law clauses are routinely disregarded.",[335,340,345,350,355,360,365,370],{"step":336,"title":337,"description":338,"tip":339},1,"Enter the parties' legal names and the separation date","Use the employer's full registered legal entity name — not a trade name — and the employee's name as it appears on payroll and government ID. Confirm the exact last day of employment, including whether the employee is paid through that date.","Cross-reference the separation date against your payroll schedule to confirm when the final paycheck — including accrued PTO, if required by your jurisdiction — must be issued.",{"step":341,"title":342,"description":343,"tip":344},2,"Determine and document the severance amount","Enter the severance amount or formula (e.g., 2 weeks per year of service), the payment vehicle (lump sum or installments), and the trigger date — typically the first business day after the revocation period expires.","Condition the payment explicitly on the agreement becoming 'effective' — defined as after the revocation period — to prevent paying out severance that the employee later rescinds.",{"step":346,"title":347,"description":348,"tip":349},3,"Confirm whether ADEA/OWBPA disclosures are required","If the employee is aged 40 or older, activate the ADEA/OWBPA section: confirm the 21-day review period, the written advisement to consult counsel, and the 7-day revocation window. For group layoffs of employees aged 40+, the review period extends to 45 days.","Even if you are confident the employee is under 40, include the consideration period language anyway — it signals good faith and does not harm enforceability for younger employees.",{"step":351,"title":352,"description":353,"tip":354},4,"Tailor the release of claims language to your jurisdiction","Enumerate the specific federal and state statutes being waived, including Title VII, the ADA, the ADEA, the FLSA, and any applicable state discrimination and wage laws. Confirm with counsel that your jurisdiction does not prohibit waiver of certain claims — for example, future workers' compensation or unemployment insurance claims cannot be waived in most US states.","Add a California-specific addendum if the employee works in California, as CA Labor Code requires specific wage-claim carve-outs and limits on general release language.",{"step":356,"title":357,"description":358,"tip":359},5,"Complete the property return and benefits sections","List every company asset the employee holds by type and, where possible, by serial or asset tag number. Confirm the benefits termination date and ensure the COBRA notice timeline is accurate.","If you are extending COBRA premium payments as part of the severance package, state the exact number of months and confirm whether the subsidy is taxable under the applicable tax code.",{"step":361,"title":362,"description":363,"tip":364},6,"Attach or incorporate the existing restrictive covenants by reference","Rather than redrafting non-compete or non-solicitation terms, reference the specific sections and date of the original employment agreement. State explicitly that those obligations survive separation and are not waived.","If the original employment agreement did not contain restrictive covenants — or if you are adding new ones in the separation agreement — provide separate documented consideration, such as an enhanced severance payment, to support enforceability.",{"step":366,"title":367,"description":368,"tip":369},7,"Have the agreement reviewed by counsel before presenting it","Employment law varies significantly by state and province. A 1–2 hour attorney review before you present the agreement to the employee is significantly cheaper than defending a lawsuit after a defective release fails to bar a claim.","Present the agreement to the employee in writing and keep a timestamped record of when it was delivered — the 21-day consideration clock starts from that date, not the signing date.",{"step":371,"title":372,"description":373,"tip":374},8,"Execute, retain, and trigger the payment after the revocation period","Both parties sign the agreement; for employees aged 40+, wait for the 7-day revocation period to expire before releasing any severance. Store the fully executed agreement with a record of the effective date.","Use an eSign platform with timestamping so you have auditable proof of when the employee signed and when the revocation window closed — critical if the release is later challenged.",[376,380,384,388,392,396],{"mistake":377,"why_it_matters":378,"fix":379},"Releasing severance before the revocation period expires","If an employee aged 40 or older receives severance before the 7-day OWBPA revocation window closes and then revokes the agreement, the employer may still owe the severance while the release is void — leaving the company with no protection and a paid-out liability.","Define 'Effective Date' in the agreement as the eighth calendar day after execution and condition all severance payments on that date. Release no funds before then.",{"mistake":381,"why_it_matters":382,"fix":383},"Omitting ADEA/OWBPA disclosures for employees aged 40 or older","A release of age discrimination claims is entirely unenforceable — not merely voidable — if the mandatory OWBPA procedural requirements are absent, exposing the employer to ADEA litigation with no contractual defense.","Include a dedicated ADEA section for any employee aged 40+ confirming the 21-day review period, attorney consultation advisement, and 7-day revocation right. For group separations, extend the review to 45 days and add the group disclosure exhibit.",{"mistake":385,"why_it_matters":386,"fix":387},"Using vague or overly broad release language","Courts in several states scrutinize catch-all release language and have struck down agreements that attempt to waive non-waivable rights — such as future workers' compensation claims, unemployment benefits, or NLRA Section 7 rights — making the entire release suspect.","Enumerate specific waivable claims by statute, explicitly carve out non-waivable rights in a separate clause, and confirm with counsel which claims cannot be released in the employee's jurisdiction.",{"mistake":389,"why_it_matters":390,"fix":391},"Failing to list company property by type or asset","A vague return-of-property clause such as 'all company items' gives you no basis to prove breach if a laptop, access credential, or customer list is retained — making enforcement effectively impossible.","List every asset category and, where possible, the specific item by serial number or asset tag. Include a checkbox acknowledgment signed by the employee confirming return of each item.",{"mistake":393,"why_it_matters":394,"fix":395},"Presenting the agreement verbally before providing it in writing","The 21-day ADEA consideration period runs from the date the employee receives the written agreement. Verbal pre-notification does not start the clock, and an employee can claim the period was cut short if there is no written delivery record.","Deliver the agreement in writing — email with read receipt or certified mail — and retain proof of delivery. The clock starts the day the employee receives the document.",{"mistake":397,"why_it_matters":398,"fix":399},"Including non-waivable claims in the release without a carve-out","Attempting to release unemployment insurance rights, future EEOC charges, workers' compensation claims, or NLRA Section 7 rights is unenforceable and can invalidate the entire agreement in some jurisdictions, leaving the employer with no protection at all.","Add an explicit carve-out clause: 'Nothing in this Agreement prevents Employee from filing a charge with the EEOC, the NLRB, or any government agency, or from receiving any government-administered benefit.'",[401,404,407,410,413,416,419,422,425,428],{"question":402,"answer":403},"What is a separation and release agreement?","A separation and release agreement is a binding contract between an employer and a departing employee that documents the terms of separation — including severance pay — and obtains the employee's legally enforceable release of all employment-related claims against the employer. In exchange for the severance, the employee agrees not to sue for wrongful termination, discrimination, wage violations, or other claims arising from the employment relationship. It is the primary legal tool employers use to reduce litigation exposure when ending an employment relationship.\n",{"question":405,"answer":406},"Is a separation agreement required by law?","No law requires an employer to offer a separation agreement. However, if an employer chooses to offer severance, it is standard practice to condition that payment on the employee signing a release of claims. In the US, certain procedural requirements — particularly ADEA/OWBPA disclosures for employees aged 40 or older — are mandatory if the agreement includes a waiver of age discrimination claims. In Canada and the UK, written separation terms are strongly advisable to document that any payment meets or exceeds statutory minimums.\n",{"question":408,"answer":409},"How long does an employee have to sign a separation agreement?","In the US, employees aged 40 or older must be given at least 21 calendar days to consider the agreement before signing; the period extends to 45 days for group layoffs. Employees under 40 are typically given a reasonable period — commonly 7 to 14 days — though this is not federally mandated. In Canada and the UK, there is no statutory minimum consideration period, but best practice is to allow at least 7 to 14 days and to advise the employee to seek independent legal advice.\n",{"question":411,"answer":412},"Can an employee revoke a signed separation agreement?","In the US, employees aged 40 or older have an absolute right to revoke the agreement within 7 calendar days of signing, under OWBPA. The employer cannot waive or shorten this period. If the employee revokes, both the release and the severance obligation become void. For employees under 40, there is no federal revocation right, though some states provide one. Outside the US, revocation rights depend on local law — in the UK, for example, a signed COT3 or settlement agreement is generally binding immediately upon execution.\n",{"question":414,"answer":415},"Does a separation agreement prevent an employee from filing an EEOC charge?","No. Under US federal law, an employee cannot waive the right to file a charge with the EEOC, the NLRB, or any government agency, even after signing a valid release. What a valid release does prevent is the employee from receiving any individual monetary recovery from claims they filed with those agencies. Employers must include an explicit carve-out clause acknowledging this limitation, or risk the EEOC invalidating the broader release as overreaching.\n",{"question":417,"answer":418},"What claims can and cannot be released in a separation agreement?","Employees can validly waive claims for wrongful termination, employment discrimination under Title VII and the ADA, wage and hour claims under the FLSA, and most state employment law claims. Claims that generally cannot be waived include future workers' compensation benefits, unemployment insurance eligibility, vested retirement plan benefits under ERISA, pending workers' compensation claims in many states, and the right to file an administrative charge with a government agency. Always have counsel confirm the list for the relevant jurisdiction before finalizing the release language.\n",{"question":420,"answer":421},"What is the difference between a separation agreement and a severance agreement?","The terms are often used interchangeably, but they have a meaningful distinction. A severance agreement primarily documents the financial terms of the payout — amount, timing, and conditions. A separation and release agreement is broader: it covers the full set of post-separation obligations including confidentiality, non-disparagement, property return, benefits continuation, and the release of claims. Employers dealing with any litigation risk should use a full separation and release agreement rather than a simple severance letter.\n",{"question":423,"answer":424},"Should a separation agreement be mutual?","Many separation agreements include mutual releases and mutual non-disparagement clauses, meaning the employer also releases claims against the employee and agrees not to make negative statements about them. Mutual language is standard for negotiated executive departures and is increasingly common for all separations. A one-sided release — where only the employee releases claims — is legally valid but can be harder to negotiate and may signal bad faith to a court reviewing the agreement's overall fairness.\n",{"question":426,"answer":427},"Do I need a lawyer to draft a separation and release agreement?","For straightforward separations involving employees under 40 with standard severance, a high-quality template is usually a sound starting point. Legal review is strongly recommended — and practically essential — when the employee is aged 40 or older (ADEA/OWBPA compliance), when the separation involves potential discrimination or wage claims, when the employee is an executive with equity or enhanced severance, or when the employee works in a jurisdiction with complex employment law such as California, Ontario, or the UK. A 1–2 hour attorney review typically costs $300–$600 and is substantially less expensive than defending even a weak employment claim.\n",{"question":429,"answer":430},"What happens if an employee refuses to sign the separation agreement?","An employer cannot force an employee to sign a release of claims. If the employee refuses, the employer is not obligated to pay severance unless a prior employment contract, policy, or statutory scheme independently requires it. The employment separation still proceeds — the employer simply loses the benefit of the release and retains full litigation exposure. In that scenario, consulting employment counsel before the separation meeting is advisable to assess the specific risk profile.\n",[432,436,440,444,448,452],{"industry":433,"icon_asset_id":434,"specifics":435},"Technology / SaaS","industry-saas","IP ownership reaffirmation and source-code return are critical additions given employees' access to proprietary algorithms, codebases, and customer data during employment.",{"industry":437,"icon_asset_id":438,"specifics":439},"Financial Services","industry-fintech","Regulatory licensing and FINRA/FCA registration status must be addressed, and clawback provisions for unvested bonuses or deferred compensation are standard in negotiated departures.",{"industry":441,"icon_asset_id":442,"specifics":443},"Healthcare","industry-healthtech","HIPAA confidentiality obligations must be explicitly reaffirmed as surviving separation, and patient non-solicitation clauses require careful scoping to avoid violating anti-kickback statutes.",{"industry":445,"icon_asset_id":446,"specifics":447},"Professional Services","industry-professional-services","Client non-solicitation is the central commercial concern, and the release should address any disputes over billed hours, expense reimbursements, or commission calculations outstanding at separation.",{"industry":449,"icon_asset_id":450,"specifics":451},"Manufacturing","industry-manufacturing","Return of physical company property — tools, safety equipment, uniforms, and access badges — is a material obligation, and WARN Act compliance must be confirmed for mass layoffs of 50 or more workers.",{"industry":453,"icon_asset_id":454,"specifics":455},"Retail / Hospitality","industry-retail","High employee turnover makes a standardized, quick-to-execute template especially valuable; tip and commission disputes and state-specific final-pay timing laws require jurisdiction-specific tailoring.",[457,459,463,466],{"vs":89,"vs_template_id":248,"summary":458},"An employee dismissal letter is a one-way notification confirming the termination decision, the effective date, and the reason for dismissal. It does not offer severance, obtain a release of claims, or create any binding post-separation obligations. A separation and release agreement is the legally protective instrument — use the dismissal letter to communicate the decision and the separation agreement to document the terms and secure the release.",{"vs":460,"vs_template_id":461,"summary":462},"Employment Contract","employment-agreement_at-will-employee-D541","An employment contract governs the active employment relationship — duties, compensation, IP, and non-compete. A separation and release agreement is executed at the end of the relationship to document its conclusion and extinguish legal claims. The separation agreement typically references and preserves post-employment obligations from the employment contract rather than replacing them.",{"vs":137,"vs_template_id":464,"summary":465},"independent-contractor-agreement-D160","An independent contractor agreement governs a non-employee engagement. When terminating a contractor rather than an employee, a contract termination agreement — not a separation and release agreement — is the appropriate document. Misusing an employment separation agreement for contractor terminations can inadvertently imply an employment relationship existed, triggering reclassification exposure.",{"vs":467,"vs_template_id":468,"summary":469},"Mutual Non-Disclosure Agreement","non-disclosure-agreement-nda-D12692","An NDA creates confidentiality obligations prospectively — before or during a relationship. A separation and release agreement reaffirms and extends existing confidentiality obligations at the end of employment. For departures involving significant trade-secret risk, the separation agreement's confidentiality clause should be supplemented by referencing the original NDA or employment agreement rather than relying on the separation document alone.",{"use_template":471,"template_plus_review":475,"custom_drafted":479},{"best_for":472,"cost":473,"time":474},"Standard separations of employees under 40 with straightforward severance in a single US state or Canadian province","Free","30–60 minutes",{"best_for":476,"cost":477,"time":478},"Employees aged 40 or older, any separation with active dispute risk, California or Ontario employees, or severance exceeding 8 weeks","$300–$600 for a 1–2 hour attorney review","1–3 business days",{"best_for":480,"cost":481,"time":482},"Executive departures with equity or deferred compensation, mass layoffs, regulated industries, or cross-border separations","$1,500–$5,000+","1–2 weeks",[484,489,494,499],{"code":485,"name":486,"flag_asset_id":487,"note":488},"us","United States","flag-us","ADEA/OWBPA compliance is mandatory for any employee aged 40 or older — 21-day review period, written attorney advisement, and 7-day revocation right are non-negotiable. California prohibits most non-compete clauses and has specific restrictions on general release language under the Labor Code. Final paycheck timing laws vary by state — California requires payment on the last day of employment; other states allow up to 72 hours. WARN Act notice obligations apply to mass layoffs of 50 or more employees at a single site.",{"code":490,"name":491,"flag_asset_id":492,"note":493},"ca","Canada","flag-ca","Canadian employees are entitled to statutory notice or pay in lieu under provincial Employment Standards Acts — typically 1 week per year of service, capped at 8 weeks. Contractual severance must meet or exceed this floor; agreements that provide less are void to the extent of the shortfall. Common-law notice can run significantly higher — Ontario courts have awarded up to 1 month per year of service for long-tenured employees. Quebec employees must receive French-language agreements under the Charter of the French Language.",{"code":495,"name":496,"flag_asset_id":497,"note":498},"uk","United Kingdom","flag-uk","A valid settlement agreement (formerly a compromise agreement) under UK law must be in writing, signed by both parties, and the employee must receive independent legal advice from a named, qualified adviser before signing — making a solicitor review effectively mandatory, not optional. The first £30,000 of a genuine redundancy payment is typically tax-free. ACAS Code of Practice on settlement agreements should be followed to minimize the risk of the agreement being set aside.",{"code":500,"name":501,"flag_asset_id":502,"note":503},"eu","European Union","flag-eu","EU member states impose varying minimum notice periods, statutory severance entitlements, and restrictions on broad releases — France, Germany, and Spain are among the most protective. In many EU jurisdictions, post-employment non-compete clauses are only enforceable if the employer pays financial compensation to the employee during the restriction period, typically 25–50% of prior salary. Data protection obligations under GDPR require careful handling of employee personal data included in separation documentation.",[248,461,468,464,244,505,506,507,508,509,510,511],"job-offer-letter-long-D12769","employment-agreement-executive-D543","employee-handbook-D712","fixed-term-contract-D13225","remote-work-agreement-D13282","general-non-compete-agreement-D882","warning-notice-D622",{"emit_how_to":190,"emit_defined_term":190},{"primary_folder":118,"secondary_folder":514,"document_type":515,"industry":516,"business_stage":517,"tags":518,"confidence":524},"transfers-terminations-and-releases","agreement","general","all-stages",[519,520,521,522,523],"termination","employment","separation-agreement","severance","release",0.95,"\u003Ch2>What is a Separation and Release Agreement?\u003C/h2>\n\u003Cp>A \u003Cstrong>Separation and Release Agreement\u003C/strong> is a legally binding contract between an employer and a departing employee that simultaneously documents the terms of the employment separation and secures the employee's enforceable release of all legal claims arising from the employment relationship. In exchange for severance compensation — typically expressed as a number of weeks' pay per year of service — the employee waives the right to sue for wrongful termination, employment discrimination, wage violations, breach of contract, and related claims. Beyond the financial exchange, the agreement typically reaffirms confidentiality obligations, establishes non-disparagement restrictions, governs the return of company property, and coordinates benefits continuation. It is the primary legal instrument employers rely on to reduce litigation exposure whenever an employment relationship ends under circumstances that carry any legal risk.\u003C/p>\n\u003Ch2>Why You Need This Document\u003C/h2>\n\u003Cp>Without a signed separation and release agreement, every termination — even a straightforward layoff — leaves the employer fully exposed to the entire range of employment claims the departing employee could bring, from discrimination and wrongful termination to unpaid wage disputes. Employment litigation is expensive to defend regardless of merit: the average cost of defending a single employment claim through trial in the US exceeds $100,000, and settlements routinely reach multiples of the severance amount you would have paid. A properly executed release eliminates that exposure for the cost of the severance itself. For employees aged 40 or older, procedural defects — a missing ADEA disclosure, a payment made before the revocation period closes — can void the release entirely, meaning the employer pays the severance and still faces the lawsuit. This template gives you a structured, compliance-aware starting point that covers the core obligations, reduces the risk of a defective release, and positions you for a clean, documented separation that holds up if challenged.\u003C/p>\n",1781186023722]