Severance terms
Specify gross amount, payment schedule, benefit continuation, tax withholding, and any offsets such as accrued PTO or final wages.
A clear Healthcare ESA Agreement reduces legal exposure, documents mutual obligations, preserves PHI protections under HIPAA, and specifies severance and release terms. Proper drafting prevents ambiguity about confidentiality, regulatory compliance, and post-employment duties.
Typical creators and signers include the employer’s HR and legal teams, departing clinical or administrative staff, and authorized executives who can bind the organization.
External reviewers often include employment counsel and benefits administrators; signatures must come from authorized representatives and the departing employee to be effective.
Specify gross amount, payment schedule, benefit continuation, tax withholding, and any offsets such as accrued PTO or final wages.
Include a clear, mutual release describing which claims are waived, the effective date, and any carve-outs for statutory rights.
Affirm continuing confidentiality of PHI, any permitted disclosures, and the employee’s obligation to follow employer privacy policies post-termination.
Detail return deadlines for devices, badges, records, and the secure deletion or transfer of access to electronic systems.
State the scope, duration, geographic limits, and consideration for NDAs or non-solicitation clauses where allowed by state law.
Specify governing law, venue, and whether arbitration or court litigation governs disputes arising under the agreement.
| Workflow Setting | Recommended Configuration |
|---|---|
| Authentication level | Email + SMS code or higher |
| Signing order | Employer then employee sequential |
| Reminders | Automatic reminders at 3 and 7 days |
| Document retention | Store encrypted for required retention |
Ensure platform capabilities align with legal and privacy requirements before collecting signatures.
Set explicitly using MM/DD/YYYY format to avoid ambiguity
Follow state law for final wages; timing varies by jurisdiction
Provide COBRA election notice per 45 C.F.R. and ERISA timing requirements
Retain I-9 for three years after hire or one year after termination (8 C.F.R. §274a.2).
Maintain PHI-related documentation per HIPAA six-year retention rules (45 C.F.R. §164.530(j)).
| 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 | Varies | Varies | Varies | Varies |
| Bulk Send | Yes | Yes | Yes | Yes | No |
| Audit Trail | Yes | Yes | Yes | Yes | Yes |
| HIPAA Compliant | Yes | Yes | Yes | No | No |