A departure agreement covering severance pay, return of company property, and a mutual release of claims when employment ends.
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Free general-purpose template, not legal advice. Fill in the placeholders and consider having a lawyer review it before you rely on it.
This Employee Separation & Release Agreement ("Agreement") is entered into as of [Effective Date] between [Company Name] ("Company") and [Employee Name] ("Employee"), in connection with the end of Employee’s employment, effective [Separation Date].
In exchange for the release below, Company will pay Employee severance of [Amount], less applicable withholdings, paid [Timing — e.g. in a lump sum / over X pay periods]. This is in addition to any final wages and accrued, unused paid time off owed regardless of this Agreement.
In exchange for the severance above, Employee releases Company from any claims arising out of Employee’s employment or its termination, to the fullest extent permitted by law, as of the date Employee signs this Agreement. This release does not apply to claims that cannot be released by law, or to rights that accrue after signing.
Employee agrees to return all Company property, equipment, and confidential materials by [Date].
The terms of this Agreement are confidential, except as required by law or to Employee’s immediate family, financial advisor, or attorney.
Each party agrees not to make disparaging statements about the other, subject to truthful statements required by law or legal process.
Company agrees to provide reference inquiries with [Reference Policy — e.g. dates of employment and title only, or a agreed-upon reference letter attached as [Attachment]].
Employee acknowledges having had the opportunity to review this Agreement, including with an attorney, before signing. [Add any legally required review/revocation periods applicable to Employee’s age and jurisdiction.]
This Agreement is governed by the laws of the State of [State / Jurisdiction].
Employee Signature: _______________________ Date: _______________
Company Representative Signature: _______________________ Date: _______________
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