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Severance Agreement Template

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SEVERANCE AGREEMENT

This Severance Agreement (the Agreement) is entered into by and between Employer Name: with principal address: and Employee Name: . Effective Date:

Personal Information

Position and Employment Details

Start Date:   Termination Date:   Last Salary (annual):

Severance Terms

Subject to the terms and Employee’s execution of this Agreement and any release required herein, Employer agrees to provide the following consideration:

Payment Method: Lump sum Installments over

All payments are subject to applicable federal, state and local tax withholdings. Employee acknowledges that the severance payments provided hereunder are in addition to any amounts payable under law or Employer policies except where expressly stated otherwise.

Release and Waiver of Claims

In exchange for the consideration set forth above, Employee, on behalf of Employee and Employee’s heirs, executors, administrators and assigns, hereby irrevocably and unconditionally releases and forever discharges Employer and its affiliates, officers, directors, agents, employees and insurers from any and all claims, liabilities, demands, causes of action, and damages of any nature, whether known or unknown, arising out of or related to Employee’s employment or separation from employment through the Effective Date, including but not limited to claims for wages, wrongful termination, discrimination, harassment, retaliation, breach of contract and statutory claims.

Confidentiality and Non-Disparagement

Employee agrees to keep the terms, negotiations and existence of this Agreement strictly confidential and will not disclose such information to third parties except as required by law or as necessary to enforce the terms of this Agreement. Employee further agrees not to make any false or disparaging statements about Employer, its officers, directors, or employees. Employer agrees not to make disparaging statements about Employee in connection with the matters addressed by this Agreement.

Return of Company Property; Cooperation

Employee represents that all Employer property, including but not limited to computers, phones, keys, access cards, documents, and confidential information, has been returned to Employer. Employee agrees to cooperate with Employer, at Employer’s expense if required, in any reasonable transition activities, investigations, or legal proceedings related to matters in which Employee has relevant knowledge.

Tax Withholding and Indemnification

Employer shall withhold all taxes required by law from any payments made pursuant to this Agreement. Employee agrees to indemnify and hold Employer harmless from any taxes, penalties or interest resulting from Employee’s failure to report or pay taxes due on amounts received hereunder, except to the extent such taxes result from Employer’s error.

Governing Law; Severability; Enforceability

This Agreement shall be governed by and construed in accordance with the laws of the State of without regard to its conflict of laws principles. If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.

Acknowledgments; Right to Consult Counsel

Employee acknowledges that Employee has been advised in writing to consult with an attorney prior to signing this Agreement, has had the opportunity to review this Agreement, and is signing it voluntarily and without coercion. Employee further acknowledges that the consideration provided for execution of the release is in addition to anything of value to which Employee is otherwise entitled.

If Employee is age 40 or older, Employee acknowledges that Employee has a period of twenty-one (21) calendar days to consider this Agreement and may accept the Agreement earlier if desired. If executed, Employee has seven (7) calendar days from the date of signing to revoke the release by delivering written notice of revocation to Employer. Employee acknowledges receipt of a copy of this Agreement on the date of signing.

Employee acknowledges the following: Employee is age 40 or older Employee is under age 40 or declines to assert age-based rights

At-Will Employment and Equal Employment

Nothing in this Agreement modifies the at-will nature of the employment relationship where applicable. Employer is an equal opportunity employer and does not discriminate on the basis of race, color, religion, sex, national origin, age, disability, veteran status, sexual orientation or any other protected characteristic.

Authorization to Contact; Background Checks

Employee authorizes Employer and its agents to contact prior employers, educational institutions and references for purposes related to the matters addressed by this Agreement and consents to reasonable background or records checks if necessary to verify Employee’s representations. Employee authorizes: Authorization granted

Employment History

Most Recent Employer

Dates Employed:

Prior Employer

Dates Employed:

Education

References

Employee Certification

I certify that all information provided by me in connection with this Agreement is true and complete to the best of my knowledge. I understand that any material misrepresentation may constitute a breach of this Agreement and may affect my eligibility for any consideration described herein.

Employee Authorization: I authorize Employer to contact previous employers and references listed above and to verify any facts or statements made by me in connection with this Agreement.

Employer:

By:

Date:

Employee:

By:

Date:

Enter text✕

What a Severance Agreement Template Is

A Severance Agreement Template is a standardized legal document employers use to record the terms of an employee's separation. Typical sections cover severance pay, payment schedule, benefits continuation, release of claims, confidentiality, return of property, and any post-employment restrictions. A template speeds preparation and promotes consistency, but it must be tailored to the specific facts of the separation, applicable state law, collective bargaining terms if any, and tax implications. Employers commonly have counsel review the final agreement to confirm enforceability and compliance with electronic execution standards such as ESIGN and state UETA statutes.

Why Use a Standardized Severance Template

A clear Severance Agreement Template reduces ambiguity, centralizes required clauses, and accelerates case processing while helping manage legal and tax risk. Consistent templates reduce drafting time, support fair treatment across cases, and make review by counsel and payroll more efficient.

Why Use a Standardized Severance Template

Who Typically Prepares and Uses This Template

Typical users include HR professionals, in-house counsel, and small business owners who manage employee separations and need repeatable, compliant documentation.

  • HR managers responsible for payroll, benefits continuation, and coordinating exit logistics.
  • Employment attorneys drafting release language and confirming compliance with federal and state statutes.
  • Small business owners seeking consistent documentation that balances cost and legal risk.

Independent contractors rarely use severance agreements, though consultants may negotiate termination provisions in their service contracts.

Step-by-Step: Prepare and Execute the Agreement

Follow these sequential steps to prepare, review, and execute a severance agreement that complies with employment law and preserves required notice periods.

  • 01
    Prepare Draft: Complete template fields and define payment schedule and conditions.
  • 02
    Legal Review: Have counsel confirm release scope and compliance with ADEA where applicable.
  • 03
    Employee Delivery: Provide the agreement in writing and document delivery method.
  • 04
    Execution: Obtain signatures, dates, and any witness or notarization required.

Core Clauses to Include in a Professional Template

A robust Severance Agreement Template groups essential clauses so parties clearly understand compensation, obligations, and dispute procedures.

Consideration

Defines severance pay, timing, tax treatment, and whether amounts are gross or net; clarifies payment method and conditions for disbursement to avoid payroll errors.

Release

Specifies scope of claims waived by the employee, including employment-related torts, discrimination claims, and contract claims; must align with federal statutes like the ADEA when age is implicated.

Benefits Continuation

Describes continuation of health insurance, COBRA assistance, retirement plan treatment, and benefit accruals. State law may affect benefit obligations and notice requirements.

Confidentiality

Sets obligations for handling company information post-termination, defines permissible disclosures, and includes remedies for breaches to protect trade secrets and client data.

Noncompete/Non-solicit

If included, clearly define scope, geography, duration, and consideration; enforceability varies widely by state and must be reasonable.

Dispute Resolution

Chooses governing law, arbitration versus court, and attorneys' fees allocation; clear dispute provisions streamline enforcement and lower litigation costs.

Essential Data and Security Considerations

Employee ID: SSN or TIN redactions; limit use in public copies.
Payment Details: Bank routing, gross/net amounts recorded securely.
Release Language: Explicit waiver text to avoid ambiguity.
E-Sign Evidence: Audit trail, timestamp, signer attribution.
Encryption: TLS 1.2/1.3 in transit; AES-256 at rest.
HIPAA BAA: Execute BAA if PHI included.

Where to Send and File the Executed Agreement

After execution, distribute final copies to payroll, HR records, and benefits administrators, and preserve an archived copy for legal and tax compliance.

  • Drafting: Draft from template, tailor clauses to the case.
  • Review: Legal and HR check for compliance and tax effects.
  • Signing: Obtain signatures electronically or on paper with witnesses.
  • Distribution: Send executed copies to payroll, benefits, and personnel file.

Digital Signing: Platform Requirements and Integration

For electronic completion, verify platform features for secure signing, audit trails, authentication, and document retention policies.

  • Authentication: Email, SMS, or stronger MFA options.
  • Audit Trail: Capture IP, timestamp, and actions.
  • Formats: Accept PDF, DOCX, and preserve layout.

Key Timing and Deadline Considerations

Key timing elements include effective date, payment schedule, statutory release windows, revocation periods, and deadlines for benefit continuation enrollments.

Effective Date and Payment Schedule:

State exact date and when severance payments commence and conclude.

ADEA Consideration Period (Age 40+):

Allow 21 days to consider release; 7-day revocation period after signing.

COBRA Election Window:

Provide COBRA election notice; standard 60-day election period applies.

Tax Reporting Timeline:

Report payments on W-2 or 1099 per IRS rules; check withholding.

Record Retention Deadlines:

Retain executed agreement per company policy and regulatory requirements.

Common Preparation Mistakes to Avoid

  • Using a generic template without tailoring to state law or worker classification can render release language unenforceable and expose the company to litigation.
  • Failing to account for special federal rules—such as ADEA periods for older employees—can void releases and create ground for claim rescission.
  • Omitting explicit tax treatment or payment scheduling causes payroll errors, unexpected withholding, and problematic reporting to the IRS.
  • Neglecting secure handling of sensitive data like SSNs and health information risks HIPAA or state privacy violations.

Short-Term Risks and Long-Term Consequences

Unenforceability: Release may be void.
Tax Liability: Incorrect withholding triggers IRS penalties.
ADEA Violation: Release invalid for older workers.
Privacy Breach: PHI exposure risk under HIPAA.
Litigation Costs: Defense expenses and settlements.
Regulatory Scrutiny: State labor agencies may investigate.

How Organizations Use Templates in Practice

Real-world examples illustrate how templates reduce turnaround time and standardize legal protections across separations.

Optica Ventures

Optica standardized severance with a template to speed approvals and ensure consistent severance terms across hires and exits.

  • Saved administrative time and reduced drafting variation.
  • Brian Fitzgibbons, COO, said: The interface is simple and easy-to-use for our team; more importantly, it is just as easy for our customers. The company noted faster turnaround and fewer legal questions after standardizing agreements.

Fertility Centers of Illinois

A medical practice adapted severance forms to protect patient data and preserve confidentiality in clinician transitions.

  • Combined confidentiality with structured payout schedules.
  • John Butler, Founder, said: The airSlate SignNow team has been exceptional, responsive, the API has been great, and we're extremely happy that we chose airSlate SignNow as a company. The integration helped maintain secure signed copies in patient-related workflows.

eSignature Vendor Pricing and Capability Snapshot

Compare common eSignature vendor pricing and capabilities relevant to executing Severance Agreement Templates and handling payroll and HR workflows.

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 by plan Varies by plan Varies by plan Varies by plan
Bulk Send Yes Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No
Envelope Cap No envelope cap 100 envelopes/user/year Varies Varies Varies

Frequently Asked Questions

Answers to common legal and technical questions about preparing and executing severance agreements, including eSignature and retention concerns.


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