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Resignation and Severance Agreement

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Resignation and Severance Agreement between Employer and Employee

AGREEMENT made this day of , 20 between corporation, hereinafter called the AEmployer,@ and John Doe, who resides at hereinafter called the AEmployee.@

WHEREAS, Employee is presently employed by Employer as ; and

WHEREAS, Employee desires to resign from this position effective immediately;

NOW, THEREFORE, in consideration of their mutual promises set forth herein, the parties hereby agree as follows:

1. Employee hereby resigns from his position as effective immediately. This resignation shall be considered to be an irrevocable resignation by Employee, which has been accepted by Employer.

2. Employee and Employer agree that Employee, in addition to his salary for the time he has worked for the month of , will receive severance pay in an amount equal to his present salary for the remainder of the month of and for the months of and less Federal, State, and Social Security withholding, which net amounts shall be paid to Employee in equal payments on . In other words, Employee shall receive a check from Employer for the months of and as if he were still employed by the Employer. However employee shall not be entitled to continue to participate in Employer=s group health plan, but Employee may exercise his COBRA rights.

3. Employee acknowledges that he is resigning from his employment from Employer voluntarily, and acknowledges that this resignation may make him ineligible for unemployment compensation.

4. For good and valuable consideration as above set forth, the receipt and sufficiency of which is hereby acknowledged, the undersigned John Doe, does hereby release and forever discharge Employer, and all of its officers, directors, and employees of and from all claims, demands, actions, causes of actions, and liabilities whatsoever, in law or in equity, which Employee had, or now has, against Employer and said above-named persons, for, upon, and by reason of any matter, cause or thing whatsoever, including, but not limited to, any oral or written contract between Employer and Employee, or any other claim that Employee has against Employer, whether arising by contract, tort, or otherwise. It is the intent of Employer and Employee that this agreement be a release of all claims of Employee against Employer, whether they arise under State law, Federal law, or otherwise.

WITNESS OUR SIGNATURES, as of the day and date first above stated.

Employer

Employee

Enter text

What a Resignation and Severance Agreement Covers

A Resignation and Severance Agreement is a written contract between an employer and an employee that records a voluntary resignation and sets terms for severance pay, benefits continuation, and any release of legal claims. It typically identifies the parties, effective date, final work date, severance amount or formula, payment schedule, tax withholding treatment, confidentiality and non‑disparagement provisions, return‑of‑property obligations, and any transition assistance. Employers often condition payment on a signed release and the employee’s compliance with post‑employment obligations; the agreement clarifies timing for final pay, benefits, and related administrative steps.

Why the Agreement Matters and Its Legal Standing

Documenting resignation terms and severance reduces ambiguity, lowers litigation risk, and ensures consistent payroll and benefits handling. Electronic signatures are recognized under the ESIGN Act (15 U.S.C. ch. 96, 2000) and state UETA laws when intent, consent, attribution, and reliable record retention are present.

Why the Agreement Matters and Its Legal Standing

Who Prepares and Signs These Agreements

The agreement involves multiple roles inside and outside the organization depending on scale and legal exposure.

  • Human resources managers handling exit logistics, benefits continuation, and payroll coordination.
  • Employees seeking clear severance terms, final pay dates, and release conditions.
  • In-house or outside counsel reviewing enforceability, release language, and ADEA/OWBPA compliance.

Step-by-Step: Prepare, Review, and Execute

Follow a standard sequence to prepare the agreement, confirm legal and payroll items, and obtain signatures to reduce errors and delays.

  • 01
    Prepare Draft: Assemble facts, severance formula, and release language.
  • 02
    Review with Counsel: Ask legal counsel to confirm enforceability and timing requirements.
  • 03
    Present to Employee: Provide agreement in readable format and explain key terms.
  • 04
    Sign and Distribute: Obtain signatures, date the document, distribute executed copies.

Typical Routing and Where Executed Copies Go

A common workflow routes the document through HR, legal, payroll, then secure storage, ensuring payment and compliance tasks are scheduled promptly.

  • Send to HR: HR verifies final pay and benefits continuation.
  • Route to Payroll: Payroll schedules severance payment and tax withholding.
  • Legal Review: Counsel ensures release language and compliance with OWBPA if applicable.
  • Store Executed: Retain signed agreement in secure personnel file.

Core Elements to Include in a Professional Agreement

Ensure the agreement explicitly covers parties, payment terms, releases, confidentiality, property return, and transition assistance to reduce post‑employment disputes.

Parties

Identify employer legal entity and employee by full legal name, including EIN or employee ID where needed to match payroll and tax records.

Severance Payment

Describe amount, formula, gross or net treatment, payment timing, and method (check, ACH), plus payroll tax withholding and reporting.

Release of Claims

List claims released, specify scope and effective date, and include signature and date for each releasing party to ensure enforceability.

Confidentiality

Specify nondisclosure and non‑disparagement terms, duration, permitted disclosures, and consequences for breach, including injunctive relief or liquidated damages.

Return of Property

Require return of company property, access revocation timing, and conditions for final pay conditional on returning items.

Transition Assistance

Note any outplacement services, reference letter commitments, or reasonable cooperation expectations for knowledge transfer during the transition period.

Required Information and Key Fields at a Glance

Employee Name: Full legal name as on ID
Resignation Date: MM/DD/YYYY; employee's last day
Severance Amount: Total or formula; specify currency
Payment Terms: Lump sum or installments
Release Signed: Dated signature from employee
Company Signatory: Authorized representative name and title

Configuring an Online Workflow for the Agreement

Set up online templates, authentication, and routing so executed agreements flow to payroll and legal without manual handoffs.

Field Configuration
Authentication Email plus SMS code for signer verification
Conditional Fields Show severance details only if severance > $0
Payment Integration Connect ACH or payroll export to reduce manual steps
Bulk Send Use bulk send for mass separations (supported in premium)

Delivery Options, File Formats, and Integration Needs

Electronic completion requires compatible file formats, signer authentication, and secure storage to preserve enforceability and an audit trail.

  • File Types: PDF, DOCX, HTML supported
  • Auth Methods: Email link, SMS code, KBA
  • Integrations: Salesforce, NetSuite, Google Workspace

Timing Considerations and Common Deadlines

Plan deadlines for notification, payments, and any statutory consideration or revocation periods before final execution to avoid disputes.

Notice of Resignation:

Employee should state resignation date and intended last day.

Severance Payment Date:

Specify payment date or payroll cycle; commonly within 30 days.

Consideration Period (Age Claims):

OWBPA typically requires 21 days consideration and 7 days revocation.

Return of Property Deadline:

Set deadline prior to final pay or as condition for payment.

Record Retention Start:

Retention begins on execution date for document lifecycle calculations.

Common Preparation Mistakes to Avoid

  • Using informal resignation language that omits effective date or last day, creating ambiguity about final pay and benefit cutoff dates.
  • Failing to include explicit release scope or signature date, which can make the release unenforceable or limit tax reporting accuracy.
  • Mismatching legal names between payroll and agreement, causing tax filing errors and potential delays in processing severance payments.
  • Overlooking required OWBPA timelines when waiving age discrimination claims, risking invalidation of the waiver and exposure to litigation.

Consequences of an Incorrect or Incomplete Agreement

Invalid Release: Waiver may be unenforceable
Tax Liability: Incorrect withholding penalties
Wage Law Violations: Unpaid final wages fines
Clawback Risk: Repayments if terms breached
ERISA Concerns: Retirement benefit missteps
Privacy Breach: HIPAA exposure for PHI

eSignature Vendor Pricing and Feature Comparison

Compare starting prices, trial availability, bulk send capability, audit features, HIPAA support, and envelope limits when selecting an eSignature platform for severance 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 Varies Varies Varies
Bulk Send Yes Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No
Envelope Cap No cap 100 envelopes/user/year Varies by plan Varies by plan Varies by plan

Frequently Asked Questions

Answers to common questions about enforceability, electronic signatures, OWBPA timing, tax treatment, and secure storage for resignation and severance agreements.


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