SEPARATION AGREEMENT AND GENERAL RELEASE

This Separation Agreement and General Release (the "Agreement") is made between [EMPLOYER LEGAL NAME] ("Company") and [EMPLOYEE NAME] ("Employee") (together, the "Parties").

1. Separation and Consideration

• Separation date: [DATE]; final paycheck (through separation date) delivered [DATE].
• Severance: $[AMOUNT], payable [lump sum/installments], less applicable withholdings, conditioned on timely execution and non-revocation.
• COBRA/benefits: [Company contribution duration/amount], subject to plan terms.
• Outplacement: [Yes/No], details [if any].

2. Release of Claims

• Employee releases Company and affiliates from all claims through the execution date, including claims under federal, state, and local employment laws (list key statutes), contract, tort, wages, benefits, and equity.
• Carve-outs: enforcement of this Agreement, vested benefits, indemnification rights, claims arising after signing, unemployment/ workers’ comp claims, and rights that cannot be released by law.

3. ADEA/OWBPA Compliance (if 40 or older)

• Consideration period: [21/45] days; revocation period: 7 days after signing.
• Employee advised in writing to consult independent counsel; acknowledges opportunity to do so.
• If part of group exit, attach OWBPA disclosure (decisional unit/eligibility factors/job titles/age information).

4. Return of Property and Information Security

• Employee has returned all devices, files, credentials, and confidential information; no copies retained.
• Post-separation access to Company systems is revoked except as expressly permitted.

5. Confidentiality and Non-Disparagement

• Agreement terms and underlying facts are confidential except as required by law, tax/financial advisors, or immediate family (who must also keep confidential).
• Mutual non-disparagement with carve-out for truthful statements in legal/agency proceedings.

6. Restrictive Covenants

• Existing restrictive covenants (NDA, non-solicit, non-compete if enforceable) remain in effect [summarize or attach].
• No new non-compete unless compliant with applicable law.

7. Cooperation

• Employee will reasonably assist with transition and litigation/agency matters upon reasonable notice; Company will reimburse reasonable out-of-pocket expenses.

8. References

• Reference protocol: [neutral verification through HR/provided script/letter attached as Exhibit].

9. No Admission; Taxes

• No admission of liability or wrongdoing.
• Tax treatment: payments reported on [W-2/1099]; Employee responsible for taxes; Parties agree to work together on reasonable allocation if needed.

10. Governing Law and Dispute Resolution

• Governing law: [STATE].
• Dispute resolution: [court/individual arbitration]; venue [County, State]; jury waiver [if permitted].

11. Entire Agreement; Severability; Enforcement

• Entire agreement regarding separation; amendments must be written and signed.
• If any provision is unenforceable, remaining provisions remain in effect; reformation to lawful scope where permitted.

12. Acknowledgment

• Employee acknowledges voluntary, knowing execution; no reliance on promises outside this Agreement.

Signatures

Company: ___________________________ Date: _______
Name/Title: _________________________

Employee: ___________________________ Date: _______

Exhibits (as applicable): OWBPA disclosure; reference letter; restrictive covenant summary; payment schedule; arbitration agreement.