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Severance Pay Agreement Template for United States

A Severance Pay Agreement is a legally binding contract under U.S. law that outlines the compensation and benefits provided to an employee upon termination of employment. This document details the terms of severance payment, including amount, timing, and conditions, while also addressing continuing obligations, such as confidentiality and non-competition. It typically includes a release of claims against the employer and must comply with federal and state employment laws, including ADEA and OWBA requirements.

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What is a Severance Pay Agreement?

The Severance Pay Agreement serves as a critical document in U.S. employment law, used when an employer wishes to provide financial compensation to a departing employee in exchange for certain commitments and releases. This agreement typically arises during workforce reductions, executive departures, or amicable separations. It outlines severance payments, benefits continuation, release of claims, and ongoing obligations such as confidentiality and non-competition. The agreement must comply with federal regulations including ADEA and OWBA, particularly regarding consideration periods and rights of revocation.

What sections should be included in a Severance Pay Agreement?

1. Parties: Identification of the employer and employee, including full legal names and addresses

2. Background: Context of the employment termination and purpose of the agreement, including employment history and termination date

3. Definitions: Key terms used throughout the agreement including 'Effective Date', 'Severance Payment', 'Released Claims', etc.

4. Severance Payment Terms: Detailed terms of severance payment including amount, payment schedule, tax treatment, and conditions for payment

5. Release of Claims: Comprehensive release of legal claims against the employer, including specific statutes and types of claims being waived

6. Confidentiality Obligations: Terms regarding non-disclosure of agreement terms and continued protection of company confidential information

7. Return of Company Property: Requirements and timeline for returning all company property, documents, and information

8. Governing Law: Specification of jurisdiction and applicable law governing the agreement

9. Acknowledgments: Employee acknowledgments regarding voluntary acceptance, time for review, and right to counsel

What sections are optional to include in a Severance Pay Agreement?

1. Non-Compete Provisions: Restrictions on future employment and competitive activities, used when protecting business interests is crucial

2. Non-Solicitation Provisions: Restrictions on soliciting employees, customers, or suppliers, used when protecting business relationships is important

3. Outplacement Services: Terms of career transition support services, included when offering additional transition assistance

4. Benefits Continuation: Terms for continuing health insurance or other benefits, including COBRA details, used when extending benefits beyond termination

5. Reference and Communication: Terms regarding future employment references and communication about the separation, used when parties want to control messaging

What schedules should be included in a Severance Pay Agreement?

1. Schedule A - Calculation of Severance Payment: Detailed breakdown of severance amount calculation, including base salary, bonuses, and other compensation elements

2. Schedule B - Company Property Checklist: Comprehensive list of company property to be returned, including devices, documents, and access credentials

3. Schedule C - Benefits Continuation Details: Specific details of any continued benefits, including coverage periods and payment responsibilities

4. Appendix 1 - Release of Claims Form: Detailed release form incorporating all statutory requirements and specific claims being waived

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

United States

Publisher

Genie AI

Document Type

Severance Agreement

Cost

Free to use

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