[{"data":1,"prerenderedAt":535},["ShallowReactive",2],{"document-severance-agreement-over-40-D12862":3},{"document":4,"label":24,"preview":11,"thumb":25,"thumb600":26,"description":5,"descriptionCustom":6,"apiDescription":5,"pages":8,"extension":10,"parents":27,"breadcrumb":31,"related":39,"customDescModule":180,"customdescription":6,"mdFm":181,"mdProseHtml":534},{"description":5,"descriptionCustom":6,"label":7,"pages":8,"size":9,"extension":10,"preview":11,"thumb":12,"svgFrame":13,"seoMetadata":14,"parents":16,"keywords":23},"SEVERANCE AGREEMENT - FOR INDIVIDUALS OVER 40 This Severance Agreement for Individuals Over 40 (the \"Agreement\") is effective [DATE], BETWEEN: [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] AND: [COMPANY NAME] (the \"Employee\"), an individual residing at: [COMPLETE ADDRESS] WHEREAS, the Employee has been employed with the Company since [START DATE] and will be terminated from the Company as of [TERMINATION DATE]. WHEREAS, the Parties wish to evidence their contract in writing, NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: TERMINATION OF EMPLOYMENT The Employee's termination from the Company is effective as of [TIME] on [DATE]. The Company will pay the Employee the following: Salary continuation at the Employee's regular rate of pay of [SALARY], at [WEEKLY PAY TOTAL] for a period of [NUMBER OF WEEKS] weeks, ending on [DATE]. The Employee over 40 years of age will be given at least 21 days to review the Severance Agreement offered, as stated in the Older Workers Benefit Protection Act (OWBPA). Such salary continuation shall be contingent upon the execution and non-revocation of this Agreement. The Employee will be paid for such continuation on regular pay periods following the seven (7) day revocation period, provided that this Agreement is not revoked. The Employee's paychecks will be mailed to their residing home address, as specified in this Agreement. REPRESENTATIONS OF THE EMPLOYEE The Employee states that he has not previously filed or joined in any complaints or charges or lawsuits against the Company with any governmental agency or court of law. The Employee agrees to and does release the Company from all claims or demands the Employee may have, based on the Employee's employment with the Company or the termination of that employment. This includes a release of any rights or claims the Employee may have under the applicable laws. This also includes a release by the Employee of any claims for breach of contract, impairment of economic opportunities, intentional infliction of emotional distress, invasion of privacy, wrongful discharge, discharge in violation of public policy, or that the Company has dealt with the Employee unfairly or in bad faith or any other common law contract or tort claim. This release covers both claims that the Employee knows about and those he may not know about. The Employee also represents that he has not given or sold any portion of any claim discussed in this Agreement to anyone else. The Employee promises never to file a lawsuit asserting any claims that are released in section 2.1. If the Employee breaks the clause in section 2.1 of this Agreement and files a lawsuit based on legal claims that the Employee has released, the Employee will pay for all costs incurred by the Company, any related companies or the directors or employees of any of them, including reasonable attorneys' fees, in defending against the Employee's claim. The Employee agrees that he will not seek re-employment with the Company again at any time in the future. The Employee is advised to consult with an attorney of his choice before signing this Agreement. The Employee agrees that the Company shall not be required to pay any of their attorneys' fees for this matter or any related matter or lawsuit, now or later, and that the settlement monies received in section 1 are in full and complete settlement of all matters between the Employee and the Company, including but not limited to, attorneys' fees and costs. REVOCATION 3.1 Employee may revoke this Agreement within seven (7) days of signing. Revocation can be made by delivering a written notice of revocation to the Company address stated in this Agreement, addressed to [RECIPIENT'S NAME]. For such revocation to be effective, notice must be received no later than 5:00 p.m. on the seventh (7th) calendar day after the Employee signs this Agreement. If the Employee revokes this Agreement, it shall not be effective or enforceable, and the Employee will not receive the benefits described in section 1 of this Agreement. OWNERSHIP OF TECHNOLOGY/RIGHTS IN INVENTION PATENTS, COPYRIGHTS AND TRADE SECRETS AND OTHER INTELLECTUAL PROPERTY 4.1 The Company shall be the sole owner of all the Intellectual Property Rights developed by the Employee during its course of Employment. The Employee shall execute such deeds of assignments to these developed Intellectual Properties as shall be required by the Company. CONFIDENTIALITY AND NON-DISCLOSURE The Employee acknowledges that because of his employment with the Company, certain trade secrets and other confidential information of the Company have been disclosed to him. The Employee agrees that, as partial consideration for this Agreement, that the Employee shall not disclose or utilize for their personal benefit, or for the direct or indirect benefit of any other person or entity, or for any other reason, any information, ideas, concepts, improvements, discoveries or other information, whether patentable or not, which have been disclosed to the Employee during the time the Employee was employed with the Company. In addition, all documents, notes, files, data, records, correspondence, manuals, specifications, computer programs, email, voice mail, electronic databases, maps and other writings or materials of any type which have been provided to the Employee because of the Employee's employment with or through the Company, are and shall be the sole and exclusive property of the Company. The Employee shall promptly deliver all such property, including copies, and the personal property listed on Exhibit \"A\" attached hereto, to the Company within five (5) business days of the date of this Agreement. The Employee agrees to keep the terms, amount, and facts of this Agreement completely confidential. The Employee will not disclose any information concerning this Agreement to anyone, excluding their lawyer(s), who will be informed of and bound by this confidentiality clause. 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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":96,"description":6},"employee dismissal letter",[98,100],{"label":18,"url":99},"human-resources",{"label":101,"url":102},"Employee Termination","employee-termination","/template/employee-dismissal-letter-D508",{"description":105,"descriptionCustom":6,"label":106,"pages":107,"size":9,"extension":10,"preview":108,"thumb":109,"svgFrame":110,"seoMetadata":111,"parents":113,"keywords":112,"url":120},"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":112,"description":6},"employment agreement_at will employee",[114,115,118],{"label":18,"url":99},{"label":116,"url":117},"Hire an Employee","hire-employee",{"label":34,"url":119},"business-legal-agreements","/template/employment-agreement_at-will-employee-D541",{"description":122,"descriptionCustom":6,"label":123,"pages":124,"size":125,"extension":10,"preview":126,"thumb":127,"svgFrame":128,"seoMetadata":129,"parents":130,"keywords":134,"url":135},"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},[131,132,133],{"label":18,"url":99},{"label":116,"url":117},{"label":34,"url":119},"employment agreement executive","/template/employment-agreement-executive-D543",{"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":165},"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":159,"description":6},"non disclosure agreement nda",[161,162],{"label":34,"url":119},{"label":163,"url":164},"Confidentiality Agreements","confidentiality-agreement","/template/non-disclosure-agreement-nda-D12692",{"description":167,"descriptionCustom":6,"label":168,"pages":169,"size":170,"extension":10,"preview":171,"thumb":172,"svgFrame":173,"seoMetadata":174,"parents":175,"keywords":178,"url":179},"NON-COMPETE AGREEMENT This Non-Compete Agreement (the \"Agreement\") is made and effective [DATE], BETWEEN: FIRST PARTY NAME] (the \"First Party\"), a corporation organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [COMPLETE ADDRESS] AND: [COMPANY NAME] (the \"Second 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] FOR GOOD CONSIDERATION, the receipt of which is hereby acknowledged, the undersigned First party agrees not to compete with Second party, or its successors or assigns.","General Non-Compete Agreement","1",30,"https://templates.business-in-a-box.com/imgs/1000px/general-non-compete-agreement-D882.png","https://templates.business-in-a-box.com/imgs/250px/882.png","https://templates.business-in-a-box.com/svgs/docviewerWebApp1.html?v6#882.xml",{"title":6,"description":6},[176,177],{"label":34,"url":119},{"label":34,"url":119},"general non compete agreement","/template/general-non-compete-agreement-D882",false,{"seo":182,"reviewer":194,"legal_disclaimer":198,"quick_facts":199,"at_a_glance":201,"personas":205,"variants":229,"glossary":256,"clauses":293,"how_to_fill":344,"common_mistakes":385,"faqs":410,"industries":438,"comparisons":463,"diy_vs_lawyer":477,"jurisdictions":490,"related_template_ids_curated":511,"schema":521,"classification":522},{"meta_title":183,"meta_description":184,"primary_keyword":185,"secondary_keywords":186},"Severance Agreement Over 40 Template (Free Word)","Free severance agreement template for employees over 40. Covers ADEA/OWBPA compliance, 21-day review, 7-day revocation, release of claims, and severance. Free Word and PDF download.","severance agreement over 40 template",[23,187,188,189,190,191,192,193],"adea severance agreement template","owbpa severance agreement","age discrimination severance waiver","severance agreement template word","release of claims over 40","severance package over 40 template","older workers benefit protection act agreement",{"name":195,"credential":196,"reviewed_date":197},"Bruno Goulet","CEO, Business in a Box","2026-05-02",true,{"difficulty":200,"legal_review_recommended":198,"signature_required":198,"notarization_required":180},"advanced",{"what_it_is":202,"when_you_need_it":203,"whats_inside":204},"A Severance Agreement Over 40 is a legally binding separation document specifically structured to comply with the Age Discrimination in Employment Act (ADEA) and the Older Workers Benefit Protection Act (OWBPA) when releasing an employee who is 40 years of age or older. This free Word download gives you an attorney-aligned starting point covering severance pay, benefits continuation, release of claims, the mandatory 21-day consideration period, and the 7-day revocation window — all in a single editable document you can export as PDF and present at separation.\n","Use it any time you are separating an employee who is 40 or older and want them to waive age discrimination and other employment claims in exchange for severance benefits. It is also required when conducting a reduction in force (RIF) that affects any employees aged 40 or older, where a group termination disclosure is additionally required under OWBPA.\n","Separation terms and effective date, severance pay and benefits continuation, comprehensive release of claims including ADEA and OWBPA waivers, the 21-day review period notice, 7-day revocation right, confidentiality and non-disparagement obligations, return of company property, and governing law.\n",[206,210,214,218,222,225],{"title":207,"use_case":208,"icon_asset_id":209},"HR managers and directors","Executing ADEA-compliant separations for employees aged 40 or older","persona-hr-manager",{"title":211,"use_case":212,"icon_asset_id":213},"Small business owners","Separating a long-tenured employee without exposure to an age discrimination claim","persona-small-business-owner",{"title":215,"use_case":216,"icon_asset_id":217},"Employment counsel","Providing clients with a compliant template base to customize for individual separations","persona-operations-director",{"title":219,"use_case":220,"icon_asset_id":221},"CFOs and finance leaders","Documenting severance obligations and ensuring releases are enforceable before closing the books","persona-cfo",{"title":223,"use_case":224,"icon_asset_id":217},"Operations directors","Managing a reduction in force that includes employees in the protected age class",{"title":226,"use_case":227,"icon_asset_id":228},"Startup founders","Parting ways with a co-founder or early hire over 40 while protecting the company from future claims","persona-startup-founder",[230,234,237,240,244,248,252],{"situation":231,"recommended_template":232,"slug":233},"Separating a single employee aged 40 or older","Severance Agreement Over 40","severance-agreement-over-40-D12862",{"situation":235,"recommended_template":41,"slug":236},"Separating an employee under the age of 40","severance-agreement-D525",{"situation":238,"recommended_template":239,"slug":236},"Conducting a group layoff or RIF affecting multiple employees over 40","Group Termination Severance Agreement (OWBPA)",{"situation":241,"recommended_template":242,"slug":243},"Separating a C-suite or executive employee over 40 with equity","Executive Separation Agreement","separation-agreement-D13184",{"situation":245,"recommended_template":246,"slug":247},"Terminating a fixed-term contractor rather than an employee","Independent Contractor Termination Agreement","independent-contractor-agreement-D160",{"situation":249,"recommended_template":250,"slug":251},"Documenting the termination decision internally before issuing the agreement","Employee Termination Letter","employee-dismissal-letter-D508",{"situation":253,"recommended_template":254,"slug":255},"Settling an existing discrimination complaint or EEOC charge","Settlement Agreement and Release","general-release-and-settlement-agreement-D12554",[257,260,263,266,269,272,275,278,281,284,287,290],{"term":258,"definition":259},"ADEA (Age Discrimination in Employment Act)","A US federal law that prohibits employment discrimination against persons 40 years of age or older, enforced by the EEOC.",{"term":261,"definition":262},"OWBPA (Older Workers Benefit Protection Act)","A 1990 amendment to the ADEA that sets mandatory requirements for a valid waiver of age discrimination claims, including specific disclosure, review period, and revocation rights.",{"term":264,"definition":265},"21-Day Consideration Period","The minimum time an employee over 40 must be given to review and decide whether to sign a severance agreement waiving ADEA claims before the waiver is valid.",{"term":267,"definition":268},"7-Day Revocation Period","The window after signing during which an employee over 40 may revoke their acceptance of a severance agreement; the agreement does not become effective until this period expires.",{"term":270,"definition":271},"Release of Claims","A contractual provision in which the employee waives the right to sue the employer for specified legal claims — including age discrimination — in exchange for severance consideration.",{"term":273,"definition":274},"Knowing and Voluntary Waiver","The OWBPA standard requiring that an ADEA waiver be written in plain language the employee can understand, reference the specific statute being waived, and be signed without coercion.",{"term":276,"definition":277},"EEOC (Equal Employment Opportunity Commission)","The US federal agency responsible for enforcing federal employment discrimination laws, including the ADEA, and the body to which employees may file age discrimination charges.",{"term":279,"definition":280},"Group Termination Disclosure","An OWBPA requirement for RIF situations: employers must disclose the job titles and ages of all employees in the affected decision unit — both selected and not selected for layoff — to each departing employee over 40.",{"term":282,"definition":283},"Separation Date","The official last day of employment stated in the agreement, which triggers benefit end dates, final pay obligations, and the start of any post-employment restrictions.",{"term":285,"definition":286},"Non-Disparagement Clause","A mutual or one-sided provision prohibiting the employee and/or employer from making negative statements about the other party after separation.",{"term":288,"definition":289},"Consideration","Something of value — such as severance pay or extended benefits — provided to the employee in exchange for signing the release; without valid consideration, the release is unenforceable.",{"term":291,"definition":292},"Return of Property","A clause requiring the employee to return all company-owned equipment, documents, credentials, and confidential materials by or on the separation date.",[294,299,304,309,314,319,324,329,334,339],{"name":295,"plain_english":296,"sample_language":297,"common_mistake":298},"Parties, Separation Date, and Recitals","Identifies the employer and employee by legal name, states the official last day of employment, and summarizes the circumstances of separation.","This 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 will end on [SEPARATION DATE] ('Separation Date').","Using a trade name instead of the registered legal entity name. If the employer entity on the agreement doesn't match payroll records and the actual employing entity, the release may be challenged as signed with the wrong party.",{"name":300,"plain_english":301,"sample_language":302,"common_mistake":303},"Severance Pay and Benefits Continuation","States the total severance amount, how it will be paid (lump sum or installments), and any continuation of health or other benefits beyond the separation date.","In consideration for signing this Agreement, Company will pay Employee a severance of $[AMOUNT], less applicable withholdings, paid in [a lump sum / equal installments] on [DATE / the Company's regular payroll schedule]. Employee's health benefits will continue through [DATE], after which Employee may elect COBRA continuation coverage.","Describing severance as a gift rather than consideration for the release. Courts have found that framing severance as 'ex gratia' rather than exchange consideration weakens the enforceability of the release.",{"name":305,"plain_english":306,"sample_language":307,"common_mistake":308},"OWBPA-Compliant ADEA Waiver","The specific clause waiving age discrimination claims under the ADEA and OWBPA, written in plain language, with explicit reference to the statute being waived.","Employee knowingly and voluntarily waives and releases any and all claims under the Age Discrimination in Employment Act of 1967, as amended by the Older Workers Benefit Protection Act ('ADEA'). Employee acknowledges that this waiver is part of this Agreement, is written in a manner calculated to be understood by Employee, and specifically refers to rights or claims arising under the ADEA.","Using boilerplate 'all claims' language without expressly naming the ADEA and OWBPA. The OWBPA requires the waiver to specifically reference the ADEA by name — a general release of 'all statutory claims' is insufficient to waive ADEA rights.",{"name":310,"plain_english":311,"sample_language":312,"common_mistake":313},"General Release of All Claims","Broader release covering all other employment-related claims beyond ADEA — including Title VII, ADA, state law claims, breach of contract, and wage and hour disputes — with any carved-out claims explicitly listed.","Except as set forth herein, Employee releases and forever discharges Company and its affiliates, officers, directors, employees, and agents from any and all claims, 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, FMLA, state and local employment laws, and claims for breach of contract or wrongful termination.","Failing to carve out EEOC charge-filing rights. The EEOC has confirmed that employees cannot waive the right to file a charge; attempting to do so voids that portion of the release and signals a non-compliant agreement to regulators.",{"name":315,"plain_english":316,"sample_language":317,"common_mistake":318},"21-Day Consideration Period Notice","Informs the employee in plain language that they have 21 calendar days to consider the agreement before signing, and that signing earlier is voluntary.","Employee acknowledges that Employee has been given a period of at least twenty-one (21) calendar days within which to consider this Agreement. If Employee signs this Agreement before the 21-day period expires, Employee does so voluntarily and of Employee's own free will.","Pressuring the employee to sign before 21 days have passed or conditioning benefits on early signing. Conditioning receipt of consideration on a shorter review period invalidates the ADEA waiver entirely.",{"name":320,"plain_english":321,"sample_language":322,"common_mistake":323},"7-Day Revocation Right","Notifies the employee that they may revoke their acceptance within 7 calendar days after signing, and that the agreement does not take effect until that period expires.","Employee may revoke this Agreement within seven (7) calendar days following the date of Employee's signature ('Revocation Period'). To revoke, Employee must deliver written notice to [NAME / TITLE] at [ADDRESS / EMAIL] before the Revocation Period expires. This Agreement shall not become effective or enforceable until the Revocation Period has expired without revocation ('Effective Date').","Scheduling severance payment before the 7-day revocation period expires. If the employer pays before the Effective Date and the employee revokes, recovering the payment is costly and may constitute a waiver of the revocation right.",{"name":325,"plain_english":326,"sample_language":327,"common_mistake":328},"Confidentiality and Non-Disparagement","Restricts the employee from disclosing the terms of the agreement and from making negative statements about the company, and may include a mutual provision binding the employer.","Employee agrees to keep the terms of this Agreement strictly confidential and shall not disclose its terms to any person other than Employee's immediate family or legal and financial advisors, who shall be bound by the same obligation. Neither party shall make disparaging or defamatory statements about the other.","Making the confidentiality clause one-sided without checking state law. Several states — including California and Illinois — have enacted restrictions on employer-imposed confidentiality provisions in settlement agreements involving harassment or discrimination claims.",{"name":330,"plain_english":331,"sample_language":332,"common_mistake":333},"Return of Company Property and Data","Requires the employee to return all company property — equipment, credentials, documents, and confidential materials — by or on the separation date.","By the Separation Date, Employee shall return to Company all property belonging to Company, including but not limited to laptop computers, mobile devices, access badges, keys, confidential documents, and any copies thereof, whether in physical or electronic form. Employee shall permanently delete any Company data stored on personal devices.","No specific deadline or inventory list for property return. Without a defined deadline, enforcing the clause requires a separate legal action, and disputes over what was returned become credibility contests.",{"name":335,"plain_english":336,"sample_language":337,"common_mistake":338},"Post-Employment Restrictions","References or incorporates any surviving non-compete, non-solicit, or confidentiality obligations from the original employment agreement that continue after separation.","Employee acknowledges that the confidentiality, non-solicitation, and non-competition obligations set forth in Employee's Employment Agreement dated [DATE] survive the termination of employment and remain in full force and effect in accordance with their terms.","Attempting to impose new post-employment restrictions in the severance agreement that were not in the original employment contract. Courts scrutinize new restrictions added at separation — they require independent consideration and may be unenforceable if the only consideration is severance the employee was already entitled to.",{"name":340,"plain_english":341,"sample_language":342,"common_mistake":343},"Governing Law, Entire Agreement, and Acknowledgment","States the governing jurisdiction, confirms the agreement supersedes all prior representations, and includes an explicit acknowledgment that the employee was advised to consult an attorney.","This Agreement shall be governed by the laws of [STATE]. Employee acknowledges having been advised in writing to consult with an attorney before signing this Agreement. This Agreement constitutes the entire agreement between the parties and supersedes all prior negotiations, representations, and agreements relating to its subject matter.","Omitting the written advisement to consult an attorney. OWBPA specifically requires that the employer advise the employee in writing to consult with an attorney — failure to include this language renders the ADEA waiver void.",[345,350,355,360,365,370,375,380],{"step":346,"title":347,"description":348,"tip":349},1,"Enter the employer's legal entity name and the employee's details","Use the full registered corporate name of the employing entity — not a brand or DBA — and the employee's legal name as it appears on payroll records. Confirm the employee is 40 years of age or older; if under 40, use a standard severance agreement instead.","Cross-check the employing entity against the employee's W-2 or pay stub before drafting — mismatched names are the most common reason separation agreements are challenged.",{"step":351,"title":352,"description":353,"tip":354},2,"Set the separation date","Enter the employee's official last day of employment. This date triggers COBRA eligibility, final pay obligations under state law, and the start of any post-employment restriction periods.","In several states — including California and Massachusetts — final pay is due on the last day of employment for involuntary terminations. Confirm your state's final pay deadline before setting the separation date.",{"step":356,"title":357,"description":358,"tip":359},3,"Calculate and document the severance package","Enter the total severance amount, payment method (lump sum or installments), and any benefits continuation terms such as COBRA subsidy duration. Confirm the severance amount exceeds any statutory notice or severance minimums in the applicable jurisdiction.","Make the consideration clearly contingent on the release — language like 'in consideration for signing this Agreement' is critical to enforceability. Do not describe severance as a discretionary gift.",{"step":361,"title":362,"description":363,"tip":364},4,"Confirm OWBPA-specific language is intact","Verify that the ADEA waiver clause expressly names the Age Discrimination in Employment Act and the Older Workers Benefit Protection Act, is written in plain language, and does not purport to waive future claims or the right to file an EEOC charge.","Read the ADEA waiver aloud as if you were the employee — if a non-lawyer would not understand what right they are giving up, rewrite it before presenting the agreement.",{"step":366,"title":367,"description":368,"tip":369},5,"Insert the 21-day consideration period notice","Confirm the agreement states clearly that the employee has 21 calendar days to review the agreement. Do not include any language conditioning the severance amount or benefits on signing before 21 days have passed.","For a group RIF affecting multiple employees over 40, the review period extends to 45 days and requires a separate disclosure of the ages and job titles of all employees in the affected decision unit.",{"step":371,"title":372,"description":373,"tip":374},6,"Verify the 7-day revocation clause and Effective Date","Confirm the agreement states the 7-day revocation right, provides a specific delivery method for revocation notice, and defines the Effective Date as the day after the revocation period expires without revocation.","Schedule severance payment to begin after the Effective Date — typically Day 8 after signing. Do not process payment or issue COBRA paperwork before the Effective Date.",{"step":376,"title":377,"description":378,"tip":379},7,"Customize confidentiality, non-disparagement, and property return","Tailor the confidentiality clause to applicable state law — remove or limit it if the separation involves any harassment or discrimination claim in a state that restricts such provisions. List specific company property to be returned with a defined deadline.","If the employee is in California, Illinois, or New York, review the state-specific restrictions on confidentiality provisions in agreements settling discrimination or harassment claims before including a broad confidentiality clause.",{"step":381,"title":382,"description":383,"tip":384},8,"Present the agreement and advise the employee to consult an attorney","Deliver the agreement to the employee with the written statement that they are advised to consult an attorney before signing. Document the delivery date — this starts the 21-day clock. Do not request or accept a signature at the delivery meeting.","Send the agreement by email with a read receipt or deliver a printed copy with a signed acknowledgment of receipt. This creates an auditable record of when the review period began.",[386,390,394,398,402,406],{"mistake":387,"why_it_matters":388,"fix":389},"Not naming the ADEA and OWBPA explicitly in the waiver clause","OWBPA requires the waiver to specifically reference the ADEA by statute name. A general release of 'all statutory claims' does not satisfy this requirement and leaves the age discrimination waiver void and unenforceable.","Include a standalone ADEA waiver clause that names both the Age Discrimination in Employment Act and the Older Workers Benefit Protection Act and is written in plain language the employee can understand without legal training.",{"mistake":391,"why_it_matters":392,"fix":393},"Paying severance before the 7-day revocation period expires","If the employer pays before the Effective Date and the employee revokes, recovering the payment is costly and the revocation right may be deemed waived by the payment itself — creating significant legal exposure.","Set up payroll or ACH to process on Day 8 at the earliest, and confirm in writing to the employee that payment will begin after the revocation period without further action required on their part.",{"mistake":395,"why_it_matters":396,"fix":397},"Omitting the written advisement to consult an attorney","The OWBPA specifically requires the employer to advise the employee in writing — within the agreement itself — to consult an attorney before signing. Missing this single sentence voids the ADEA waiver.","Include a standalone acknowledgment paragraph in which the employee confirms they were advised in writing to consult with an attorney of their choice before signing the agreement.",{"mistake":399,"why_it_matters":400,"fix":401},"Conditioning any benefit on signing before the 21-day period expires","Offering a higher severance amount or additional benefits if the employee signs early, or reducing consideration if they wait the full 21 days, is expressly prohibited under OWBPA and invalidates the waiver.","State the severance amount as a fixed figure that does not vary based on when the employee signs during the 21-day window. Remove any tiered consideration language before presenting the agreement.",{"mistake":403,"why_it_matters":404,"fix":405},"Using the same agreement for a group RIF without the required OWBPA disclosure","When two or more employees over 40 are selected for layoff in the same decision unit, OWBPA requires an additional disclosure listing the ages and job titles of all employees considered — those selected and not selected. Failing to provide this extends the employee's revocation rights indefinitely.","For any RIF affecting more than one employee over 40, prepare a separate group termination disclosure attachment and extend the review period to 45 days. Have employment counsel review the disclosure before distribution.",{"mistake":407,"why_it_matters":408,"fix":409},"Attempting to waive the employee's right to file an EEOC charge","The EEOC has confirmed that employees cannot contractually waive the right to file a charge with the agency, even in exchange for severance. Including such language signals a non-compliant agreement and can void the broader release.","Include an express carve-out stating that nothing in the agreement prevents the employee from filing a charge with the EEOC or participating in an agency investigation, but that the employee waives the right to monetary recovery in any such proceeding.",[411,414,417,420,423,426,429,432,435],{"question":412,"answer":413},"What is a severance agreement over 40?","A severance agreement over 40 is a separation contract between an employer and an employee aged 40 or older that includes specific provisions required by the Older Workers Benefit Protection Act (OWBPA) to validly waive age discrimination claims under the ADEA. It covers severance pay, benefits continuation, a release of claims, and mandates a 21-day review period and a 7-day revocation right that standard severance agreements for younger employees do not require.\n",{"question":415,"answer":416},"Why does age 40 matter in a severance agreement?","The Age Discrimination in Employment Act (ADEA) protects employees aged 40 and older from employment discrimination. The Older Workers Benefit Protection Act amended the ADEA to set strict requirements for any waiver of ADEA claims — if the employee is under 40, these requirements do not apply. Using a standard severance agreement for an employee over 40 without OWBPA-compliant language leaves the age discrimination waiver void, meaning the employee could still sue for age discrimination after accepting severance.\n",{"question":418,"answer":419},"What are the OWBPA requirements for a valid age discrimination waiver?","To be valid under the OWBPA, a waiver of ADEA claims must: (1) be written in plain language the individual employee can understand; (2) specifically reference the ADEA by name; (3) not waive future claims or the right to file an EEOC charge; (4) be supported by consideration beyond what the employee is already entitled to; (5) advise the employee in writing to consult an attorney; (6) provide a 21-day consideration period; and (7) allow a 7-day revocation period after signing.\n",{"question":421,"answer":422},"Can an employee revoke a severance agreement after signing it?","Yes. For employees aged 40 or older, the OWBPA grants an unconditional 7-day revocation right after signing. The agreement does not become effective until this period expires without revocation. Employers cannot waive or shorten the revocation period by contract. If the employee revokes, the agreement is void and any severance paid before the Effective Date must be returned, which is why employers should not process payment until Day 8.\n",{"question":424,"answer":425},"What is the difference between a standard severance agreement and a severance agreement over 40?","A standard severance agreement for employees under 40 releases general employment claims and sets severance terms, but is not subject to OWBPA's mandatory requirements. A severance agreement over 40 must additionally include a specific ADEA waiver naming the statute, a written attorney advisement, a 21-day review period, and a 7-day revocation right — none of which are legally required for employees under 40. Using the wrong version leaves the age claim waiver unenforceable.\n",{"question":427,"answer":428},"Does the 21-day review period change for a group layoff?","Yes. When two or more employees over 40 are terminated in the same reduction in force or as part of the same program, OWBPA extends the review period to 45 days and requires the employer to provide a written disclosure listing the job titles and ages of all employees in the affected decision unit — both those selected and not selected for termination. Failing to provide this disclosure gives each affected employee the right to revoke indefinitely.\n",{"question":430,"answer":431},"Is an employee required to sign a severance agreement over 40?","No. Signing is always voluntary. An employee who declines to sign receives their final pay and any vested benefits they are legally entitled to, but forfeits the severance consideration offered in the agreement. The employer cannot retaliate against an employee for declining to sign or for filing an EEOC charge regardless of whether a severance agreement has been presented.\n",{"question":433,"answer":434},"What claims can and cannot be released in a severance agreement over 40?","Employees can waive the right to monetary recovery for past ADEA claims, Title VII claims, ADA claims, state law discrimination claims, wrongful termination, and breach of contract, among others. They cannot waive the right to file a charge with the EEOC or participate in an agency investigation, claims that arise after the agreement's effective date, vested retirement benefits, workers' compensation rights, or NLRA protected activity rights. Including prohibited waivers risks voiding the entire release.\n",{"question":436,"answer":437},"Do I need a lawyer to prepare a severance agreement over 40?","For most routine separations of a salaried employee, a carefully prepared template reviewed by an employment attorney is sufficient. Legal review is strongly recommended — OWBPA's technical requirements are specific and a single missing element voids the age claim waiver. Engage employment counsel for any executive separation, group RIF involving multiple employees over 40, situations where a discrimination complaint is already pending, or when state law adds requirements beyond federal OWBPA minimums.\n",[439,443,447,451,455,459],{"industry":440,"icon_asset_id":441,"specifics":442},"Technology / SaaS","industry-saas","RIFs tied to product pivots or funding changes frequently affect senior engineers and managers over 40, making OWBPA-compliant group termination disclosures and 45-day review periods especially common.",{"industry":444,"icon_asset_id":445,"specifics":446},"Financial Services","industry-fintech","Regulatory scrutiny of separation practices is heightened; severance agreements must be coordinated with FINRA/SEC registration withdrawal timelines and any clawback provisions in compensation plans.",{"industry":448,"icon_asset_id":449,"specifics":450},"Healthcare","industry-healthtech","Clinical staff separations must account for state licensing board reporting obligations and HIPAA confidentiality provisions that survive termination, both of which are typically incorporated by reference in the agreement.",{"industry":452,"icon_asset_id":453,"specifics":454},"Manufacturing","industry-manufacturing","Plant closures and workforce reductions under the WARN Act frequently trigger OWBPA group termination requirements simultaneously, requiring careful coordination of notice periods and disclosure timelines.",{"industry":456,"icon_asset_id":457,"specifics":458},"Retail / Hospitality","industry-retail","High turnover and large workforces mean even routine store-level separations of assistant managers or department heads over 40 can involve ADEA exposure if not handled with a compliant agreement.",{"industry":460,"icon_asset_id":461,"specifics":462},"Professional Services","industry-professional-services","Partner or senior associate departures often involve non-solicitation of clients and equity buyout provisions that must be carefully separated from — and not conditioned on — the ADEA waiver to remain enforceable.",[464,468,470,473],{"vs":465,"vs_template_id":466,"summary":467},"Standard Severance Agreement","D{SEVERANCE_AGREEMENT_ID}","A standard severance agreement is designed for employees under 40 and does not include OWBPA-mandated language, the 21-day review period, or the 7-day revocation right. Using a standard agreement for an employee over 40 leaves the age discrimination waiver void. Any separation involving an employee aged 40 or older requires the OWBPA-compliant version.",{"vs":250,"vs_template_id":251,"summary":469},"A termination letter notifies the employee that their employment is ending and states the reason and effective date. It is not a release of claims and creates no obligation on the employee. A severance agreement over 40 is a separate binding contract presented after the termination decision, in which the employee releases claims in exchange for severance. Both documents serve different purposes and are typically used together.",{"vs":254,"vs_template_id":471,"summary":472},"D{SETTLEMENT_AGREEMENT_ID}","A settlement agreement resolves an existing or threatened legal claim — such as an EEOC charge or lawsuit — and typically involves negotiation between counsel. A severance agreement over 40 is presented proactively at separation before any claim has been filed. Settlement agreements carry higher negotiation complexity and typically require legal representation on both sides; a severance agreement at separation is a more routine transactional document.",{"vs":474,"vs_template_id":475,"summary":476},"Executive Employment Agreement","employment-agreement-executive-D543","An executive employment agreement governs the terms of employment including separation provisions at the start of the relationship. A severance agreement over 40 is the standalone separation document executed at the end of employment. For executives, the severance agreement must be consistent with — and not contradict — any separation provisions already defined in the employment agreement.",{"use_template":478,"template_plus_review":482,"custom_drafted":486},{"best_for":479,"cost":480,"time":481},"HR professionals separating a single employee over 40 in a straightforward, non-contested departure with no prior complaints","Free","30–60 minutes",{"best_for":483,"cost":484,"time":485},"Any separation involving a senior employee, a prior HR complaint, a state with additional requirements (CA, NY, IL), or a group RIF affecting employees over 40","$400–$900 (1–2 hours of employment counsel review)","1–3 days",{"best_for":487,"cost":488,"time":489},"Executive separations with equity or deferred compensation, active EEOC charges or litigation, or multi-state group RIFs","$2,000–$8,000+","1–3 weeks",[491,496,501,506],{"code":492,"name":493,"flag_asset_id":494,"note":495},"us","United States","flag-us","Federal OWBPA requirements apply in every state: specific ADEA waiver language, written attorney advisement, 21-day review period (45 days for group RIFs), and 7-day revocation right are all mandatory. Several states impose additional requirements — California restricts confidentiality clauses in agreements settling harassment and discrimination claims; New York requires a 21-day review period and attorney advisement for all employees regardless of age under the NYCHRL; Illinois restricts non-disparagement clauses in certain settlement contexts. Always check applicable state law before presenting the agreement.",{"code":497,"name":498,"flag_asset_id":499,"note":500},"ca","Canada","flag-ca","Canadian employment law does not have a direct ADEA/OWBPA equivalent, but age discrimination protections exist under federal and provincial human rights codes. In Ontario, British Columbia, and Alberta, employees may file age discrimination complaints with human rights tribunals. Severance agreements in Canada must meet statutory minimums under provincial Employment Standards Acts and, for federally regulated employees, the Canada Labour Code. Quebec agreements must be in French for provincially regulated employers.",{"code":502,"name":503,"flag_asset_id":504,"note":505},"uk","United Kingdom","flag-uk","Age discrimination claims in the UK are governed by the Equality Act 2010, which protects all workers regardless of age. A settlement agreement (formerly called a compromise agreement) waiving such claims requires the employee to receive independent legal advice from a named adviser — typically a solicitor — before signing, and that adviser must sign a certificate confirming the advice was given. The standard UK settlement agreement structure differs substantially from the US OWBPA framework and should be drafted by UK employment counsel.",{"code":507,"name":508,"flag_asset_id":509,"note":510},"eu","European Union","flag-eu","EU Directive 2000/78/EC prohibits age discrimination in employment across all member states. Severance agreements waiving age discrimination claims must comply with national implementing legislation, which varies significantly — Germany requires a two-week withdrawal period for settlement agreements in many cases, and France imposes statutory severance minimums that cannot be waived regardless of what the contract says. GDPR implications also apply when the agreement references personal data about the employee.",[251,512,475,247,513,514,515,516,517,518,519,520],"employment-agreement_at-will-employee-D541","non-disclosure-agreement-nda-D12692","general-non-compete-agreement-D882","non-solicitation-agreement-D13849","employee-handbook-D712","fixed-term-contract-D13225","job-offer-letter-long-D12769","remote-work-agreement-D13282","temporary-employment-contract-D12734",{"emit_how_to":198,"emit_defined_term":198},{"primary_folder":119,"secondary_folder":523,"document_type":524,"industry":525,"business_stage":526,"tags":527,"confidence":533},"transfers-terminations-and-releases","agreement","general","all-stages",[528,529,530,531,532],"termination","employment","legal","severance","adea-compliance",0.95,"\u003Ch2>What is a Severance Agreement Over 40?\u003C/h2>\n\u003Cp>A \u003Cstrong>Severance Agreement Over 40\u003C/strong> is a legally binding separation contract between an employer and an employee who is 40 years of age or older, specifically structured to comply with the Age Discrimination in Employment Act (ADEA) and its 1990 amendment, the Older Workers Benefit Protection Act (OWBPA). Unlike a standard severance agreement, this document must include a waiver that expressly names the ADEA, a written advisement that the employee consult an attorney, a minimum 21-day consideration period, and a 7-day revocation window after signing — requirements that do not apply to employees under 40. Without these elements, the waiver of age discrimination claims is void as a matter of federal law, meaning the employee could accept the severance payment and still sue for age discrimination.\u003C/p>\n\u003Ch2>Why You Need This Document\u003C/h2>\n\u003Cp>Presenting a standard severance agreement to an employee over 40 — even one that contains a broad "release of all claims" — does not extinguish ADEA liability. If OWBPA's technical requirements are missing, the age claim waiver is unenforceable regardless of how much severance was paid, leaving the company exposed to a charge with the EEOC or a federal lawsuit. The consequences are concrete: ADEA damages include back pay, front pay, and liquidated damages equal to the back pay amount in cases of willful violation, plus attorney's fees. A properly executed severance agreement over 40, signed after the full review period and effective after the revocation window, closes that exposure for the cost of a template and a targeted legal review. This template provides the OWBPA-compliant framework — correct statutory references, mandatory notice language, and the right sequencing of consideration and effective dates — so HR teams and business owners can execute compliant separations without rebuilding the document from scratch each time.\u003C/p>\n",1781185950283]