The "Employment Separation Agreement" template outlines the terms and conditions of an employee's separation from their employer. It covers topics such as the separation date, severance payment, release of claims, confidentiality and non-disclosure, non-disparagement, return of property, cooperation, governing law, and entire agreement. Both the employer and employee must sign the agreement to show their acceptance of the terms.
This Employment Separation Agreement (“Agreement”) is made and entered into by and between [Company Name] (“Employer”) and [Employee Name] (“Employee”).
1. Separation Date The parties agree that the Employee’s employment with the Employer will end on [insert separation date]. Until that date, the Employee will continue to perform their duties and responsibilities to the best of their abilities.
2. Severance Payment The Employer agrees to pay the Employee severance pay in the amount of [insert amount]. This payment will be made within [insert timeframe] following the Separation Date.
3. Release of Claims In exchange for the severance payment, the Employee agrees to release the Employer from any and all claims, demands, or causes of action arising out of or in connection with the Employee’s employment or separation from employment, except for claims arising out of the Employer’s breach of this Agreement.
4. Confidentiality and Non-Disclosure The Employee agrees to maintain the confidentiality of the Employer’s confidential information and trade secrets. The Employee also agrees not to disclose any confidential information or trade secrets to any third party, except as required by law.
5. Non-Disparagement The Employee agrees not to make any statements, written or oral, that would disparage or criticize the Employer, its officers, directors, employees, or agents. The Employer agrees to provide a neutral reference to any future potential employer.
6. Return of Property The Employee agrees to return all property belonging to the Employer, including but not limited to, keys, access cards, documents, and equipment, on or before the Separation Date.
7. Cooperation The Employee agrees to cooperate with the Employer in connection with any legal or administrative proceedings arising out of or in connection with the Employee’s employment.
8. Governing Law This Agreement shall be governed by and construed in accordance with the laws of [insert governing law]. Any disputes arising out of or in connection with this Agreement shall be resolved through arbitration in accordance with the rules of [insert arbitration provider].
9. Entire Agreement This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements and understandings, whether written or oral, relating to the Employee’s employment and separation.
By signing below, the parties agree to the terms and conditions of this Agreement.