Separation Agreement and General Release (Idaho)

SEPARATION AGREEMENT AND GENERAL RELEASE

State of Idaho

PRIVILEGED AND CONFIDENTIAL

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

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

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

Date of Agreement: [__/__/____]

RECITALS

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

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

WHEREAS, Company desires to provide 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 -- Idaho Requirements.

(a) Idaho Wage Claim Act (Idaho Code § 45-606). Upon termination (by either employer or employee), Company shall pay all wages due by the earlier of: (i) the next regularly scheduled payday, or (ii) within ten (10) days of such termination (weekends and holidays excluded). If Employee makes a written request for earlier payment, Company shall pay all wages within forty-eight (48) hours of receiving the request (excluding weekends and holidays).

(b) Treble Damages. Failure to pay wages under the Idaho Wage Claim Act may result in Employee recovering three times (3x) the amount of unpaid wages, plus attorneys' fees and costs (Idaho Code § 45-615).

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

(d) PTO/Vacation Payout. Idaho does not require payout of accrued vacation/PTO unless Company policy or agreement provides for it. If payout applies: $[________________________________].

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. ☐ 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. Idaho state income tax withheld. 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) Idaho State Statutes:

• Idaho Human Rights Act (Idaho Code § 67-5901 et seq.) -- prohibits employment discrimination based on race, color, religion, sex, national origin, age (40+), and disability. Covers employers with five (5) or more employees. Administered by the Idaho Human Rights Commission.
• Idaho Wage Claim Act (Idaho Code § 45-601 et seq.)
• Idaho Workers' Compensation retaliatory discharge protections (Idaho Code § 72-1312)
• Idaho whistleblower protections (Idaho Code § 6-2101 et seq. -- Idaho Protection of Public Employees Act, public sector)
• Idaho Protection of Employees Personal Information Act (Idaho Code § 44-2701 et seq.)
• All other applicable Idaho statutory claims

(c) Common Law Claims: Breach of contract, breach of implied covenant of good faith and fair dealing, promissory estoppel, emotional distress, fraud, defamation, invasion of privacy, wrongful discharge in violation of public policy, tortious interference, negligence. Note: Idaho recognizes a public policy exception to at-will employment.

3.2 Carve-Outs. NOT waived: (a) enforce Agreement; (b) vested benefits; (c) workers' comp (Idaho Code § 72-101 et seq.); (d) unemployment (Idaho Code § 72-1301 et seq.); (e) indemnification/D&O; (f) post-signing claims; (g) charges with EEOC, Idaho Human Rights Commission (IHRC), NLRB, SEC, OSHA, DOL; (h) Section 7 NLRA; (i) whistleblower protections (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 Idaho law.

ARTICLE 4: ADEA/OWBPA COMPLIANCE

4.1 ADEA 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 (including IHRC, agencies).

ARTICLE 6: DTSA NOTICE

Pursuant to 18 U.S.C. § 1833(b): Immunity for trade secret disclosures to government officials/attorneys for reporting 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) Idaho Enforceability. Idaho enforces reasonable non-compete agreements. Idaho Code § 44-2701 et seq. does not specifically address non-competes, but Idaho courts apply a common law reasonableness analysis: (i) protection of a legitimate business interest; (ii) reasonable duration; (iii) reasonable geographic scope; (iv) not unduly burdensome on the employee; (v) not contrary to public policy. Idaho courts generally will not rewrite overbroad covenants but may sever invalid portions if the agreement contains a severability clause.

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.

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 Idaho. 12.2 ☐ Idaho District Court in [________________________________] County, or US District Court for the District of Idaho. ☐ 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.

IDAHO-SPECIFIC COMPLIANCE CHECKLIST

☐ Final pay (Idaho Code § 45-606): Earlier of next regular payday or 10 business days. Written request = 48 hours. Treble damages for failure to pay (§ 45-615).

☐ Idaho Human Rights Act (Idaho Code § 67-5901 et seq.): Race, color, religion, sex, national origin, age (40+), disability. 5+ employees. File with IHRC within 1 year.

☐ PTO payout: Per employer policy only.

☐ Non-compete: Enforceable if reasonable. Courts generally will not rewrite but may sever with severability clause.

☐ Wages not conditioned on release.

☐ IHRC filing right preserved.

☐ 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

• Idaho Human Rights Act, Idaho Code § 67-5901 et seq., https://legislature.idaho.gov/statutesrules/idstat/title67/t67ch59/sect67-5901/
• Idaho Wage Claim Act, Idaho Code § 45-606, https://law.justia.com/codes/idaho/title-45/chapter-6/section-45-606/
• Idaho Human Rights Commission, https://humanrights.idaho.gov/
• 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 Idaho before use.