Separation Agreement and General Release (Kansas)

SEPARATION AGREEMENT AND GENERAL RELEASE

State of Kansas

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 [________________________________], Kansas [____]

Date of Agreement: [__/__/____]

RECITALS

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

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 -- Kansas Requirements.

(a) Kansas Wage Payment Act (K.S.A. § 44-315). When Employee is discharged or quits/resigns, Company shall pay all earned wages no later than the next regular payday on which Employee would have been paid if still employed. Payment may be made through regular pay channels or by mail (if requested by Employee, postmarked within the deadline).

(b) "Wages" under Kansas law includes compensation owed for labor or services, including earned fringe benefits, such as vacation pay, if provided by Company policy or agreement (K.S.A. § 44-313(a)).

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

(d) PTO/Vacation Payout. Kansas treats earned vacation as wages if Company policy or employment agreement provides for payout. If payout applies: $[________________________________]. If Company policy does not provide for payout upon separation, state that: [________________________________].

(e) Kansas Wage Penalties. If Company fails to pay earned wages, Employee may file a wage claim with the Kansas Department of Labor (KDOL). The KDOL may assess penalties, and employees may recover unpaid wages plus attorneys' fees (K.S.A. § 44-324).

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 Kansas continuation coverage (K.S.A. § 40-2209(g) provides continuation for employers with fewer than 20 employees for 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. Kansas 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) Kansas State Statutes:

• Kansas Act Against Discrimination (K.S.A. § 44-1001 et seq. / "KAAD") -- prohibits employment discrimination based on race, religion, color, sex, disability, national origin, ancestry, and age (40+). Covers employers with four (4) or more employees. Administered by the Kansas Human Rights Commission (KHRC).
• Kansas Wage Payment Act (K.S.A. § 44-313 et seq.)
• Kansas Workers' Compensation retaliatory discharge (K.S.A. § 44-536)
• Kansas whistleblower protections (K.S.A. § 75-2973 -- public sector; common law for private)
• Kansas Age Discrimination in Employment Act (overlaps with KAAD)
• All other applicable Kansas statutory claims

(c) Common Law Claims: Breach of contract, breach of implied covenant, promissory estoppel, emotional distress, fraud, defamation, invasion of privacy, wrongful discharge in violation of public policy (per Palmer v. Brown, 752 P.2d 685 (Kan. 1988)), tortious interference, negligence.

3.2 Carve-Outs. NOT waived: (a) enforce Agreement; (b) vested benefits; (c) workers' comp (K.S.A. § 44-501 et seq.); (d) unemployment (K.S.A. § 44-701 et seq.); (e) indemnification/D&O; (f) post-signing claims; (g) charges with EEOC, KHRC, 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 Kansas 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 KHRC, 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) Kansas Enforceability. Kansas enforces reasonable non-compete agreements. Courts apply a reasonableness analysis based on: (i) whether the restriction is necessary to protect the employer's legitimate business interests (trade secrets, customer relationships, confidential information, goodwill); (ii) whether the restriction is reasonable in scope, duration, and geographic area; (iii) whether the restriction unduly burdens the employee; and (iv) whether the restriction injures the public. Kansas courts may blue-pencil or reform overbroad provisions by narrowing them to a reasonable scope rather than voiding the entire covenant. Continued employment constitutes adequate consideration for existing employees in Kansas.

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

KANSAS-SPECIFIC COMPLIANCE CHECKLIST

☐ Final pay (K.S.A. § 44-315): Discharge or quit = next regular payday. May mail if requested.

☐ Kansas Act Against Discrimination (K.S.A. § 44-1001 et seq.): Race, religion, color, sex, disability, national origin, ancestry, age (40+). 4+ employees. File with KHRC within 6 months.

☐ PTO payout: Earned vacation = wages if policy provides payout (K.S.A. § 44-313(a)).

☐ Kansas continuation coverage: K.S.A. § 40-2209(g) for small employers (up to 18 months).

☐ Non-compete: Enforceable if reasonable. Courts may blue-pencil/reform overbroad provisions.

☐ Workers' comp retaliation (K.S.A. § 44-536) preserved.

☐ Wages not conditioned on release.

☐ KHRC 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

• Kansas Act Against Discrimination, K.S.A. § 44-1001 et seq., http://www.khrc.net/pdf/kaadtext.pdf
• Kansas Wage Payment Act, K.S.A. § 44-315, https://ksrevisor.gov/statutes/chapters/ch44/044_003_0015.html
• Kansas Human Rights Commission, http://www.khrc.net/
• Palmer v. Brown, 752 P.2d 685 (Kan. 1988) (wrongful discharge public policy)
• 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 Kansas before use.