Separation Agreement and General Release (Florida)

SEPARATION AGREEMENT AND GENERAL RELEASE

State of Florida

PRIVILEGED AND CONFIDENTIAL

This Separation Agreement and General Release ("Agreement") is entered into by and between:

EMPLOYER: [________________________________] ("Company"), a [________________________________] organized under the laws of [________________________________], with its principal place of business at [________________________________]

EMPLOYEE: [________________________________] ("Employee"), an individual residing at [________________________________], Florida [____]

Date of Agreement: [__/__/____]

RECITALS

WHEREAS, Employee has been employed by Company in the position of [________________________________] since [__/__/____], working primarily in the State of Florida;

WHEREAS, the Parties have agreed that Employee's employment shall end effective [__/__/____] (the "Separation Date");

WHEREAS, Company desires to provide Employee with separation benefits in exchange for the terms herein;

NOW, THEREFORE, the Parties agree as follows:

ARTICLE 1: SEPARATION OF EMPLOYMENT

1.1 Separation Date. Employment terminates as of the Separation Date.

1.2 Last Day of Work. [__/__/____].

1.3 Final Wages -- Florida Requirements.

(a) Florida Final Pay. Florida does not have a specific final paycheck timing statute for private employers. Company shall pay all earned wages promptly in the normal payroll cycle, no later than the next regular payday. This is consistent with best practices and federal law. Commissions shall be paid per the applicable commission plan/agreement.

(b) Company shall NOT condition earned wages on execution of this Agreement.

(c) PTO/Vacation Payout. Florida does not require payout of accrued vacation or PTO unless Company's written policy or contract provides for it. If Company policy provides for payout, $[________________________________] shall be included in the final paycheck.

1.4 Expense Reimbursement. Submit within [____] days.

ARTICLE 2: SEVERANCE CONSIDERATION

2.1 Severance Payment. ☐ Lump Sum: $[________________________________] ☐ Installments: $[________________________________] in [____] installments.

2.2 COBRA. Employee eligible for COBRA and Florida state continuation coverage (Fla. Stat. § 627.6692 for employers with fewer than 20 employees -- up to 18 months). ☐ Company-paid bridge: [____] months.

2.3 Outplacement. ☐ Through [________________________________] for [____] months, not to exceed $[________________________________].

2.4 Equity/Bonus. Per plan documents.

2.5 Tax Treatment. W-2. Florida has no state income tax; federal withholdings apply. IRC § 409A compliance. Employee responsible for own taxes.

ARTICLE 3: GENERAL RELEASE OF CLAIMS

3.1 Employee Release. Employee releases all claims through signing, including:

(a) Federal Statutes: Title VII, ADEA, ADA, GINA, Equal Pay Act, FMLA, ERISA (excluding vested benefits), WARN Act, USERRA, 42 U.S.C. § 1981, Rehabilitation Act, Pregnant Workers Fairness Act.

(b) Florida State Statutes:

• Florida Civil Rights Act of 1992 (Fla. Stat. § 760.01 et seq. / "FCRA") -- prohibits employment discrimination based on race, color, religion, sex, pregnancy, national origin, age, handicap/disability, marital status, and AIDS/HIV status. Covers employers with fifteen (15) or more employees.
• Florida Whistleblower Act (Fla. Stat. § 448.101 et seq. -- private sector; § 112.3187 -- public sector)
• Florida Workers' Compensation Retaliation (Fla. Stat. § 440.205)
• Florida Minimum Wage Act (Fla. Const. Art. X, § 24; Fla. Stat. § 448.110)
• Florida Domestic Violence Leave Act (Fla. Stat. § 741.313)
• All other applicable Florida statutory claims

(c) Common Law Claims: Breach of contract, breach of implied covenant, promissory estoppel, emotional distress, fraud, defamation, invasion of privacy, wrongful discharge, tortious interference, negligence.

3.2 Carve-Outs. NOT waived: (a) enforce Agreement; (b) vested benefits; (c) workers' comp (Fla. Stat. § 440.01 et seq.); (d) unemployment (Fla. Stat. § 443.011 et seq.); (e) indemnification/D&O; (f) post-signing claims; (g) charges with EEOC, Florida Commission on Human Relations (FCHR), NLRB, SEC, OSHA, DOL; (h) Section 7 NLRA; (i) whistleblower protections (Fla. Stat. § 448.101 et seq., Sarbanes-Oxley, Dodd-Frank); (j) Speak Out Act; (k) unwaivable rights.

3.3 FLSA Claims. Bona fide dispute acknowledged.

3.4 Unknown Claims. Known and unknown claims released to fullest extent under Florida law.

ARTICLE 4: ADEA/OWBPA COMPLIANCE

4.1 ADEA claims waived. 4.2 Attorney advice. 4.3 ☐ 21 / ☐ 45 days. 4.4 7-day revocation to [________________________________]. 4.5 Adequate consideration. 4.6 Understandable. 4.7 ☐ Group disclosures: Exhibit A.

ARTICLE 5: CONFIDENTIALITY AND NON-DISPARAGEMENT

5.1 Terms confidential; standard exceptions. 5.2 Mutual non-disparagement. 5.3 NLRA Section 7 carve-out per McLaren Macomb. 5.4 Protected disclosures (FCHR, agencies, whistleblower, Speak Out Act, investigations, testimony).

ARTICLE 6: DTSA NOTICE

Pursuant to 18 U.S.C. § 1833(b): Trade secret disclosure immunity for reporting to government officials/attorneys or in sealed court filings.

ARTICLE 7: RESTRICTIVE COVENANTS

7.1 Continuing Obligations. Surviving agreements.

7.2 Non-Competition. ☐ If applicable:

(a) For [____] months, Employee shall not compete within [________________________________].

(b) Florida Non-Compete Law (Fla. Stat. § 542.335). Florida is an employer-friendly state for non-competes. Key requirements:

• Legitimate Business Interest: Must protect one or more of: trade secrets, confidential business information, substantial relationships with specific customers/clients/patients, customer goodwill, or specialized training.
• Reasonableness Presumptions: Restrictions of six (6) months or less are presumed reasonable. Restrictions exceeding two (2) years for former employees or independent contractors are presumed unreasonable. The burden shifts to the party seeking to overcome the presumption.
• No Defense of Undue Hardship: A court shall NOT consider the individualized economic hardship on the restrained party.
• Blue Pencil: Courts may modify overbroad restrictions to make them reasonable.
• Burden of Proof: The party seeking enforcement bears the burden of proving the restriction is reasonably necessary.

(c) Florida CHOICE Act (if applicable). If this Agreement constitutes a "covered garden-leave agreement" under Fla. Stat. §§ 542.41-542.45, additional notice/structure requirements may apply. The CHOICE Act applies to employees with a primary place of work in Florida. Verify applicability and effective date.

7.3 Non-Solicitation. ☐ For [____] months.

7.4 NLRA Savings Clause. Section 7 rights preserved.

ARTICLE 8: RETURN OF PROPERTY

Return all property. No copies. System access revoked. No improper deductions.

ARTICLE 9: COOPERATION

Reasonable cooperation. Expenses reimbursed. Compensation at $[________________________________]/hour beyond [____] hours/month.

ARTICLE 10: REFERENCE POLICY

☐ Neutral verification. ☐ Per Exhibit B. ☐ Other.

ARTICLE 11: NO ADMISSION

Not an admission of wrongdoing.

ARTICLE 12: GOVERNING LAW

12.1 Laws of the State of Florida. 12.2 ☐ Circuit Court in [________________________________] County, Florida, or US District Court for the [________________________________] District of Florida. ☐ Arbitration. 12.3 Prevailing Party fees.

ARTICLE 13: GENERAL PROVISIONS

Entire agreement; written amendments; severability; no waiver; counterparts; notices.

ARTICLE 14: EFFECTIVE DATE

Eighth day after signing (no revocation). Under 40: signing date.

ARTICLE 15: ACKNOWLEDGMENTS

☐ Read/understood; ☐ Attorney advised; ☐ Voluntary; ☐ Adequate time; ☐ Consideration exceeds entitlements; ☐ No post-signing waiver; ☐ ADEA (if applicable); ☐ Property returned.

FLORIDA-SPECIFIC COMPLIANCE CHECKLIST

☐ Final pay: No FL timing statute. Pay promptly, best practice = next regular payday. Commissions per plan.

☐ FCRA (Fla. Stat. § 760.01 et seq.): Race, color, religion, sex, pregnancy, national origin, age, handicap/disability, marital status, AIDS/HIV. 15+ employees. File with FCHR within 365 days.

☐ PTO payout: Per employer policy/contract only.

☐ No state income tax. Federal withholdings only.

☐ Non-compete (Fla. Stat. § 542.335): Employer-friendly. Legitimate business interest required. 6-month presumption of reasonableness; >2 years presumed unreasonable. No undue hardship defense. Blue pencil permitted.

☐ CHOICE Act: Verify applicability for covered garden-leave agreements.

☐ FL Whistleblower Act (§ 448.101) preserved.

☐ FCHR filing right preserved.

☐ Wages not conditioned on release.

☐ OWBPA (if age 40+).

☐ DTSA notice.

☐ NLRA Section 7 carve-out.

SIGNATURES

EMPLOYEE:

Signature: [________________________________]

Printed Name: [________________________________]

Date: [__/__/____]

COMPANY:

Signature: [________________________________]

Printed Name: [________________________________]

Title: [________________________________]

Date: [__/__/____]

EXHIBITS

☐ Exhibit A: OWBPA Group Disclosures ☐ Exhibit B: Reference Letter ☐ Exhibit C: Payment Schedule ☐ Exhibit D: Restrictive Covenant Summary

Sources and References

• Florida Civil Rights Act, Fla. Stat. § 760.01 et seq., https://www.flsenate.gov/Laws/Statutes/2023/Chapter760/All
• Florida Non-Compete, Fla. Stat. § 542.335, https://www.flsenate.gov/Laws/Statutes/2018/0542.335
• Florida Whistleblower Act, Fla. Stat. § 448.101 et seq.
• NLRB, McLaren Macomb, 372 NLRB No. 58 (2023)
• 18 U.S.C. § 1833(b) (DTSA Whistleblower Immunity)

This template is provided for informational purposes only by ezel.ai and does not constitute legal advice. Consult a qualified attorney licensed in Florida before use.