SEPARATION AGREEMENT AND GENERAL RELEASE

(State-specific base: FL)

[// GUIDANCE: Use employer letterhead if desired. Confirm compliance with state wage payment, PTO payout, and any required language before issuing.]

1. Parties and Key Dates

• Employer: [Company legal name and entity type]; address: [address].
• Employee: [Employee legal name]; address: [address].
• Separation date: [date].
• Final pay timing: Florida has no final paycheck timing statute; pay earned wages promptly in the normal payroll cycle (best practice: no later than the next regular payday), including earned wages/commissions per applicable agreements. Do not condition statutory wages on signing this Agreement.
• PTO/vacation payout: only if required by written policy/contract; cite or attach the policy if paying out.

2. Consideration and Benefits

• Severance: [amount] payable [lump sum/installments] less required withholdings; conditioned on timely execution and non-revocation.
• COBRA/benefits: [duration and amount of employer contribution]; subject to plan terms.
• Outplacement or transition support: [if any].

3. Equity, Bonus, and Other Compensation

• Equity awards: state treatment of vested/unvested equity, exercise deadlines, and post-termination service rules.
• Bonus/commissions: specify earned/unearned status, proration, and payment timing.
• Expense reimbursement: confirm all business expenses have been submitted; commit to pay in compliance with state law.

4. Release of Claims and Carve-Outs

• Employee releases Company and affiliates from all claims through the signing date arising from employment or separation.
• Carve-outs: enforcement of this Agreement; vested benefits; claims arising after signing; unemployment or workers compensation benefits; indemnification rights; rights that cannot be waived by law; right to file or cooperate with agencies (EEOC, NLRB, DOL, SEC, OSHA, state equivalents); whistleblower and protected disclosures; NLRA Section 7 rights for non-supervisory employees; Speak Out Act and any state Silenced No More style protections.
• Unknown claims: release covers known and unknown claims to the fullest extent permitted under Florida law.

5. ADEA/OWBPA (if 40 or older)

• Consideration period: [21 or 45] days; revocation period: 7 days after signing.
• Written advice to consult independent counsel; employee acknowledges opportunity to do so.
• If part of group exit, attach required decisional-unit disclosures where applicable.

6. Confidentiality, Non-Disparagement, and Protected Disclosures

• Confidentiality limited to Agreement terms and underlying negotiations, subject to legal requirements and protected disclosures.
• Non-disparagement: mutual, time-limited, excludes truthful testimony, agency filings, and protected concerted activity.
• Protected disclosures: nothing restricts reporting suspected illegality, harassment, discrimination, retaliation, wages, or safety issues to government agencies or making disclosures protected by the Speak Out Act or any state analog.

7. Restrictive Covenants and No-Rehire (Optional)

• Confirm continuing obligations under existing NDAs, invention assignment, and any enforceable non-solicit/non-compete. For noncompetes, identify the legitimate business interest and ensure compliance with Fla. Stat. §542.335 (Florida presumptions: generally reasonable if ≤6 months; generally unreasonable if >2 years for employees). If a covered agreement under the Florida CHOICE Act (Part II, §§542.41–542.45), follow its notice/structure requirements (e.g., provide proposed covered garden-leave agreement at least 7 days before offer expiration for covered employees with primary place of work in Florida).
• No-rehire clause optional; include only if lawful in FL and consistent with public policy.

8. Return of Property and Information Security

• Employee confirms return of all devices, files, credentials, and confidential information; no copies retained; accounts access terminated except as required by law.
• No deductions/offsets from final wages except those required by law and only if consistent with FLSA minimum wage/overtime rules.

9. Dispute Resolution

• Governing law: FL.
• Forum: [court location]; arbitration optional. If arbitration is selected, exclude claims that cannot be compelled to arbitration (for example, claims covered by the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act) and allow small-claims court access.
• Jury waiver only if enforceable under FL law.

10. State-Specific Overlay Checklist

• Final wages: no FL timing statute; pay promptly in normal payroll cycle (best practice: next regular payday); confirm commissions per plan/contract.
• PTO/vacation payout only if required by written policy/contract.
• Restrictive covenants: ensure compliance with Fla. Stat. §542.335 (legitimate business interest; duration presumptions) or, if a covered agreement, with the Florida CHOICE Act (Part II, §§542.41–542.45 and notice mechanics).
• Note CHOICE Act enactment/effective-date nuances; apply if primary place of work is Florida.
• Confidentiality/non-disparagement: keep protected-disclosure/agency/cooperation carve-outs.
• Translation/readability or notary/witness needs (if any) for FL use.

11. Signatures

Employer: ___________________________ Date: __________
Name/Title: __________________________

Employee: ___________________________ Date: __________

[Optional exhibits: OWBPA group disclosure; payment schedule; reference letter; restrictive covenant summary; any state-permitted unknown-claims waiver text.]