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Employee Severance Package

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EMPLOYEE SEVERANCE PACKAGE

Parties and Recitals

This Employee Severance Package (the "Agreement") is made between Employer Name: located at Employer Address: and Employee Name: residing at Employee Address: . Employee's position at termination: . Termination date: .

Personal Information

Position Information

Employment History (most recent)

Education

References

Legal Disclosures

At-Will Employment: Employee acknowledges that Employee's prior employment relationship with Employer was at-will unless otherwise reduced to a separate written agreement signed by both parties, and that this Agreement does not alter any at-will relationship except as expressly provided herein.

Equal Opportunity: Employer represents that decisions reflected in this Agreement were made in accordance with applicable equal employment opportunity laws and policies. Employer does not admit liability by entering into this Agreement.

Severance Terms

Severance Payment: Employer agrees to provide Employee with a severance payment in the gross amount of $, subject to standard payroll tax and other lawful withholdings. Payment will be made as: .

Benefits Continuation: Employer will continue Employee's group health benefits for days following the termination date or provide a premium assistance payment of $, as applicable. Specific plan eligibility, costs and continuation options are governed by plan documents.

Accrued Leave and Expenses: Employer will pay Employee accrued but unpaid base salary, accrued vacation or paid time off in the amount of $ and reimburse substantiated business expenses submitted by Employee in accordance with Employer policy within days.

Release and Waiver of Claims

In consideration of the payments and benefits described in this Agreement, Employee, on behalf of Employee and Employee's heirs, executors and assigns, knowingly and voluntarily releases and forever discharges Employer and its parents, subsidiaries, affiliates, officers, directors, employees and agents from any and all claims, demands, causes of action, liabilities and damages of any kind or nature, whether known or unknown, arising out of facts occurring on or before the effective date of this Agreement, including but not limited to claims under federal, state or local law, contract, tort, or statute.

Employee acknowledges that Employee has had days to consider this Agreement and has been advised to consult with counsel prior to signing. Employee affirms that acceptance of this Agreement is voluntary and not the result of coercion.

I acknowledge that I have read, understand and agree to the Release and Waiver of Claims.

Confidentiality; Non-Disparagement

Confidentiality: Employee agrees to keep the terms and amount of this Agreement confidential, except as required by law, and not to disclose such information to any third party other than Employee's spouse, tax or legal advisor. Breach of this confidentiality provision entitles Employer to injunctive relief and recovery of damages.

Non-Disparagement: Employee agrees not to make false or disparaging statements, publicly or privately, about Employer, its products, services, employees, officers or directors. Employer agrees that it will not make false or disparaging statements about Employee's character or job performance.

I acknowledge that I understand and will comply with the confidentiality and non-disparagement obligations contained herein.

Return of Property; Cooperation

Employee agrees to return all Employer property, including keys, proprietary documents, laptops, phones, access cards and other tangible or intangible materials by Return Date: . Employee further agrees to reasonably cooperate with Employer after termination in connection with wind-down matters, audits, investigations and document preservation.

Tax Withholding; No Admission

Tax Withholding: All payments made under this Agreement will be subject to applicable federal, state and local tax withholding and other deductions as required by law. Employer makes no tax or legal representations and Employee is advised to seek independent tax advice.

No Admission of Liability: This Agreement is not and shall not be construed as an admission of liability or wrongdoing by Employer but is entered into solely for the purposes set forth herein.

Governing Law; Dispute Resolution

Governing Law: This Agreement shall be governed by and construed under the laws of the State of , without regard to its conflict of law rules. Any dispute arising under this Agreement shall be resolved by binding arbitration unless otherwise prohibited by applicable law.

Severability; Entire Agreement

If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall remain in full force and effect. This Agreement constitutes the entire agreement between the parties concerning the subject matter and supersedes all prior understandings, written or oral.

Employee Certification and Authorizations

I certify that I have provided accurate personal, employment and reference information to Employer and that such information is true and complete to the best of my knowledge. I authorize Employer to contact listed references and prior employers for purposes consistent with this Agreement and any required background verification. I consent to the release of employment records and information reasonably necessary to verify my employment history.

I authorize Employer to contact previous employers and references as described above.

Acknowledgement

By signing below, Employee acknowledges receipt of the consideration described herein, affirms that Employee has read and understands this Agreement, and accepts its terms knowingly and voluntarily.

Employer:

By:

Date:

Title:

Employee:

By:

Date:

Phone:

Enter text✕

What an Employee Severance Package Is and When It Applies

An Employee Severance Package is a written agreement between an employer and an employee that defines post-employment compensation, benefits continuation, and other terms in exchange for tasks such as a release of claims or confidentiality. Typical elements include severance pay, benefit continuation (COBRA or employer-provided), a release of legal claims, noncompetition or confidentiality provisions where permitted, and logistic items like return of property and references. Severance agreements are contract documents negotiated at separation, layoff, or mutual termination and should clearly state eligibility, payment timing, and any conditions for receipt.

Why a Clear Severance Package Benefits Both Parties

A defined severance package reduces legal uncertainty, clarifies post-employment obligations, and creates predictable costs for the employer while providing departing employees with known financial and benefits transitions. Clear terms also speed administration and reduce the risk of post-termination disputes.

Why a Clear Severance Package Benefits Both Parties

Who Typically Prepares or Signs a Severance Package

Employers, HR teams, and counsel draft and deliver severance packages; employees review and sign when offered.

  • HR professionals and administrators who manage separations and ensure consistent application of company policy and payroll processing.
  • Employers and executives who must approve financial terms, set eligibility, and confirm budget and benefit continuation.
  • Employment attorneys representing either side to confirm statutory compliance and to negotiate release language and enforceability.

Parties often involve payroll, benefits administrators, and legal review before final signature and distribution.

Core Elements to Include in a Professional Severance Package

A thorough severance agreement states the who, what, when, and conditions for severance pay and related obligations to reduce ambiguity and legal exposure.

Parties

Identify employer and employee with full legal names, addresses, and any corporate entity details so the contract is enforceable and attributable.

Severance Pay

Specify gross amount or formula, payment schedule, tax withholding instructions, method of payment, and any conditional disbursements tied to signed releases.

Benefits Continuation

Describe health benefits, COBRA procedures, employer-paid continuation amounts and timelines, and whether benefits cease on a particular date.

Release of Claims

State the scope of the release, any exceptions, and, when applicable, ADEA notice and revocation language for older workers.

Confidentiality

Include nondisclosure terms for proprietary information, restrictions on disparagement if used, and the duration of confidentiality obligations.

Return Items

List company property, data access termination, and final reporting obligations plus any post-termination cooperation requirements.

Step-by-Step: How to Prepare and Execute a Severance Package

Follow these sequential steps to prepare, present, and finalize a severance agreement with clear documentation and secure signatures.

  • 01
    Draft Agreement: Assemble terms, calculate pay, and include releases and benefit details.
  • 02
    Legal Review: Have counsel review for ADEA, state law, and enforceability issues.
  • 03
    Deliver to Employee: Provide the offer in writing with required notices and sufficient review time.
  • 04
    Obtain Signatures: Capture employee acceptance and employer execution, then archive signed copies securely.

How to Configure a Digital Severance Workflow

Set up fields and routing so signers receive the document in the correct order with required authentication and audit trails.

Field Configuration
Signature Type Electronic signature or notarized e-signature when required
Signer Order Employee signs first, then employer representative countersigns
Authentication Email link with optional SMS code or ID verification
Retention Store signed PDF and audit trail for required retention period

Typical Routing and Submission Flow for a Severance Agreement

This flow outlines who receives the document and what happens after each signature to complete the transaction.

  • Upload Document: Upload final draft to the eSignature platform in PDF or DOCX.
  • Place Fields: Add signature, date, and initial fields for all required parties.
  • Send to Employee: Deliver via secure email link with authentication.
  • Archive and Distribute: Save signed copy and send copies to payroll and benefits teams.

Digital Signing and Delivery Requirements

Choose a platform that supports secure signatures, audit trails, common file formats, and your required integrations.

  • File Formats: PDF, DOCX, and printable PDF/A
  • Integrations: Payroll, HRIS, and document storage connectors
  • Security: TLS and AES-256 encryption

Key Timing Rules and Regulatory Windows to Know

Certain federal rules and best practices create mandatory or recommended timeframes for severance offers, revocations, and benefits notifications.

ADEA Consideration Period:

When releasing age claims, provide 21 days to consider and a 7-day revocation period under ADEA guidance.

COBRA Election Period:

COBRA-qualified individuals generally have a 60-day election period to enroll in continuation coverage.

Final Pay Timing:

Pay final wages in compliance with state wage laws; timing varies by state and may affect severance timing.

Tax Reporting:

Report severance on W-2 and apply appropriate withholding; backup withholding may apply with incorrect TIN.

Offer Expiration:

Specify a clear acceptance deadline in the document to avoid ambiguity about revocation.

Typical Milestones from Offer to Archive

Numbered milestones help payroll and HR track approvals, delivery, acceptance, payment and recordkeeping stages.

01

Prepare Offer

Draft terms and obtain internal approvals before sending to the employee.

02

Deliver Offer

Send the agreement with required notices and the stated consideration period.

03

Employee Response

Employee signs, declines, or negotiates within the stated acceptance window.

04

Process Payment

Initiate severance payment and benefits changes after executed agreement is returned.

Common Preparation Errors to Avoid

  • Leaving the release language vague so it fails to cover specific statutory claims and creates litigation risk.
  • Not accounting for tax withholding or reporting which can lead to payroll complications and surprise tax bills for the employee.
  • Failing to provide required ADEA language for workers 40 and over, which can invalidate an age discrimination waiver.
  • Omitting internal approvals or failing to notify payroll and benefits teams, causing delayed payments or coverage lapses.

Potential Legal and Financial Risks

Invalid Waiver: Noncompliant ADEA release
Tax Exposure: Incorrect withholding
Litigation Costs: Attorney fees and damages
Unemployment Claims: Potential eligibility disputes
Benefits Gaps: Worker loses coverage unintentionally
Data Risk: Improper handling of personal data

eSignature Pricing and Feature Comparison for Severance Execution

Compare starting price and core features that matter when executing severance agreements electronically; signNow appears first for parity and clarity.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial 7-day free trial No No Yes, limited Yes, limited
Bulk Send Yes Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No

Frequently Asked Questions About Severance Packages

Answers to common questions about enforceability, timing, revocation, and digital execution to help employers and employees avoid common pitfalls.


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