SEPARATION AGREEMENT AND GENERAL RELEASE

(State-specific base: LA)

[// 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 (La. R.S. 23:631): all amounts then due are payable on or before the next regular payday or within fifteen (15) days of separation (whichever occurs first), paid in the customary manner (or by mail as permitted). Statutory wages cannot be conditioned on signing this Agreement (severance may be).

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 (La. R.S. 23:631(E)): specify “earned” conditions per the written plan/policy; note any lawful plan adjustments and timing (including up to 120 days after the measurement period for financial-performance bonuses, if applicable). Attach plan as Exhibit.
• Vacation/PTO: payable only to the extent “then due” under the Company’s stated policy and earned/accrued; earned vacation cannot be forfeited under the policy.
• 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 Louisiana 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 Louisiana law (including La. R.S. 9:2717.3; this is not a pre-dispute NDA for hostile work environment/sexual harassment).

7. Restrictive Covenants and No-Rehire (Optional)

• Confirm continuing obligations under existing NDAs, invention assignment, and any enforceable non-solicit/non-compete (must comply with La. R.S. 23:921, including parish/municipality list and ≤2-year duration).
• No-rehire clause optional; include only if lawful in LA 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.

9. Dispute Resolution

• Governing law: LA.
• 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. Parties expressly, knowingly, and voluntarily agree to the forum and governing-law provisions after the events giving rise to this separation (La. R.S. 23:921(A)(2)).
• Jury waiver only if enforceable under LA law.

10. State-Specific Overlay Checklist

• Final wage timing and payment method: La. R.S. 23:631 (next payday or 15 days, whichever first; cannot condition wages on a release).
• Vacation/PTO: payable only if “then due” and earned under policy; no forfeiture of earned vacation.
• Commission/bonus “earned” conditions and timing per written plan (La. R.S. 23:631(E); up to 120 days for financial-performance bonus determination if applicable).
• Confidentiality/non-disparagement consistent with La. R.S. 9:2717.3 (pre-dispute hostile work environment/sexual harassment NDAs unenforceable).
• Non-compete/non-solicit compliance with La. R.S. 23:921 (parish/municipality list; ≤2-year duration).
• Choice-of-law/forum acknowledgment consistent with La. R.S. 23:921(A)(2).
• Translation or readability requirements (if applicable) and notary/witness requirements (if any).

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.]