SEPARATION AGREEMENT AND GENERAL RELEASE
(State-specific base: NV)
[// 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: (a) if discharged or placed on nonworking status, wages are due immediately (NRS 608.020), with late-wage penalties if not paid within 3 days (NRS 608.040); (b) if Employee resigns/quits, wages are due by the next regular payday or within 7 days, whichever is earlier (NRS 608.030). PTO payout only if promised by written policy/contract.
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.
- Paid leave (NRS 608.0197): payout of unused statutory paid leave is optional unless employer policy/contract provides otherwise; confirm any reinstatement obligations if rehired within 90 days.
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 Nevada 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 Nevada law (including disclosures of factual information for claims covered by NRS 10.195).
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 NRS 613.195, including any employee-category and restructuring/RIF limitations).
- No-rehire clause optional; include only if lawful in NV 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 from final wages except those required by law or authorized by Employee in a signed written deduction authorization (see NRS 608.110 and Labor Commissioner guidance).
9. Dispute Resolution
- Governing law: NV.
- 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 NV law.
10. State-Specific Overlay Checklist
- Final wage timing: NRS 608.020 (discharge/nonworking status), NRS 608.030 (quit), and penalty framework under NRS 608.040.
- Paid leave (NRS 608.0197): coverage threshold, payout policy, and any reinstatement obligation if rehired within 90 days.
- Confidentiality/non-disparagement carve-out for disclosures covered by NRS 10.195.
- Non-compete/non-solicit compliance with NRS 613.195 (including hourly/RIF limitations).
- Wage deductions only if required by law or authorized in a signed deduction agreement (NRS 608.110/guidance).
- Translation/readability or notary/witness needs (if any) for NV 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.]