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Employment Separation Agreement template
Employment Separation Agreement sample


What is Employment Separation Agreement?

Employment Separation Agreement Defines terms for employment termination, including severance pay, benefits continuation, and non-disparagement clauses.



Sample template:



EMPLOYMENT SEPARATION AGREEMENT


This Employment Separation Agreement (the "Agreement") is made and entered into on this _______ day of ________, 20__, by and between QuantumTech Solutions, a corporation organized under the laws of the United States of America (hereinafter referred to as "Employer") and David Jackson (hereinafter referred to as "Employee").

1. Separation of Employment

1.1. Mutual Agreement


Employee and Employer mutually agree that Employee's employment with Employer shall terminate effective as of the close of business on ___________, 20__ (the "Termination Date"), due to Employee's intention to pursue a career change and explore new opportunities in a different industry.



2. Severance Pay

2.1. Payment


In consideration of Employee's past services and in recognition of the amicable nature of the separation, Employer shall provide Employee with a severance payment (the "Severance Pay") in the gross amount of $__________, less applicable withholdings and deductions as required by law. The Severance Pay shall be paid by Employer to Employee by check or direct deposit, as mutually agreed by the parties, within twenty (20) days after the Termination Date.



3. Benefits Continuation

3.1. Continuation


Employee shall be eligible for Employer-provided health, dental, and/or vision insurance benefits, and any other accrued benefits to which Employee may be entitled, as outlined in the Employer's separation policy, for a period of ____ months following the Termination Date, or until Employee becomes eligible for alternative coverage, whichever occurs first ("Benefits Continuation Period").



3.2. COBRA


Upon the expiration of the Benefits Continuation Period, Employee shall be provided with the opportunity to continue health insurance benefits pursuant to the Consolidated Omnibus Budget Reconciliation Act ("COBRA"), if Employee is eligible for such benefits under applicable federal and/or state law, and at Employee's expense, as consistent with the requirements of COBRA and Employer's health insurance plan.



4. Non-Disparagement

4.1. Mutual Non-Disparagement


Both Employee and Employer agree not to make any derogatory, disparaging, or negative statements about the other, whether orally, in writing, or electronically, including, but not limited to, statements to any media or social media platform, that would adversely affect the reputation or business of the other party. This provision shall not be construed to prevent either party from providing truthful information when required by law, government agency or court order, or in connection with any legal proceeding.



5. Release of Claims

Employee, on behalf of himself/herself and all heirs, executors, and assigns, hereby fully releases and discharges Employer and its employees, officers, directors, shareholders, and agents from, and waives any and all claims, rights, causes of action, demands, liabilities, damages, and lawsuits, whether known or unknown, anticipated or unanticipated, that Employee may have or may hereafter have arising out of or related to Employee's employment, or termination thereof, with Employer, including, but not limited to, any claims under Title VII of the Civil Rights Act, the Age Discrimination in Employment Act, or any other federal, state, or local statute, law, regulation or common law.



6. Governing Law and Compliance

This Agreement shall be governed by and construed in accordance with the laws of the United States and the laws of the state in which Employee was last employed by Employer, without giving effect to the principles of conflict of laws thereof. Further, the parties shall comply with all applicable federal, state, and local laws and regulations in connection with this Agreement and the transactions contemplated hereby.



7. Entire Agreement

This Agreement constitutes the entire understanding and agreement of the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements or understandings, whether oral or written, with respect thereto. This Agreement may not be amended, modified, or waived, in whole or in part, except in writing signed by both parties.



8. Counterparts

This Agreement may be executed in counterparts, each of which shall be deemed an original, and all of which together shall constitute one and the same instrument. Signature pages may be exchanged by electronic means, including, but not limited to, email or fax.



9. Voluntary and Knowingly Entered Into

Each party acknowledges that it has carefully read this Agreement, understands all of its terms and conditions, and has voluntarily and knowingly entered into this Agreement with the intention of being legally bound.



IN WITNESS WHEREOF, the parties hereto have executed, or caused their duly authorized representatives to execute this Agreement as of the date first above written.

EMPLOYER: QUANTUMTECH SOLUTIONS
By: __________________________
Name: ________________________
Title: ________________________

EMPLOYEE: DAVID JACKSON
By: __________________________

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Common Sections of an Employment Separation Agreement


In this Employment Separation Agreement, you will see the following sections:

  1. Separation of Employment
  2. Severance Pay
  3. Benefits Continuation
  4. Non-Disparagement
  5. Release of Claims
  6. Governing Law and Compliance
  7. Entire Agreement
  8. Counterparts
  9. Voluntary and Knowingly Entered Into


Summary of each section:

  1. Separation of Employment : This section states that the employee and employer have agreed to end the employment relationship on a specific date. It's like a mutual breakup between the employee and the company.

  2. Severance Pay : This section outlines the amount of money the employer will pay the employee as a parting gift for their past services. It's like receiving a farewell gift from the company.

  3. Benefits Continuation : This section explains that the employee will continue to receive certain benefits, such as health insurance, for a specific period after their employment ends. It's like the company extending a helping hand even after the employee has left.

  4. Non-Disparagement : This section states that both the employee and employer agree not to say or write anything negative about each other that could harm their reputation. It's like a promise to not badmouth each other after parting ways.

  5. Release of Claims : This section has the employee agreeing to release the employer from any legal claims or lawsuits related to their employment. It's like the employee promising not to sue the company for any issues that arose during their time there.

  6. Governing Law and Compliance : This section states that the agreement will be governed by the laws of the United States and the state where the employee last worked for the employer. It's like choosing the rulebook that will be used if any disputes arise.

  7. Entire Agreement : This section states that this agreement is the complete understanding between the employee and employer and replaces any previous agreements. It's like saying this is the final word on the matter, and nothing else matters.

  8. Counterparts : This section allows the agreement to be signed in separate parts, with each part considered an original. It's like signing a contract in pieces, but each piece is still valid on its own.

  9. Voluntary and Knowingly Entered Into : This section confirms that both parties have read and understood the agreement and are entering into it willingly. It's like both parties shaking hands and agreeing to the terms with full knowledge of what they're signing up for.

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