Separation Agreement and General Release (Wyoming)

SEPARATION AGREEMENT AND GENERAL RELEASE

State of Wyoming

PRIVILEGED AND CONFIDENTIAL

IMPORTANT -- WYOMING LAW NOTES: Wyoming requires final wages within five (5) working days of separation (Wyo. Stat. § 27-4-104). Wyoming has no specific non-compete statute and applies common law reasonableness principles. The Wyoming Fair Employment Rules Act (WFERA) is a relatively narrow statute and does not include sexual orientation, gender identity, or marital status as protected classes. Wyoming has no state income tax.

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 [________________________________], Wyoming [____]

(Company and Employee are each a "Party" and collectively the "Parties.")

Date of Agreement: [__/__/____]

RECITALS

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

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

WHEREAS, Company desires to provide separation benefits beyond what Employee is otherwise entitled to receive;

WHEREAS, Employee has been advised to consult with an attorney;

NOW, THEREFORE, in consideration of the mutual promises, the Parties agree as follows:

ARTICLE 1: SEPARATION OF EMPLOYMENT

1.1 Separation Date. Employment terminates effective the Separation Date.

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

1.3 Final Wages -- Wyoming Requirements.

(a) Final Pay Timing (Wyo. Stat. § 27-4-104). When an employee separates from employment (whether by discharge, layoff, or resignation), Company shall pay all wages earned and unpaid within five (5) working days of the date of separation. Wages may be paid by the usual method of payment.

(b) Wages Defined (Wyo. Stat. § 27-4-101). "Wages" means compensation for labor or services, including salary, hourly pay, commissions, tips, and piecework.

(c) PTO/Vacation Payout. Wyoming does not mandate payout of accrued PTO/vacation by statute. If Company policy or employment agreement provides for payout, such amounts must be paid. Amount (if applicable): $[________________________________].

(d) Penalties (Wyo. Stat. § 27-4-104(b)). If Company willfully and with intent to deprive fails to pay wages when due, Employee may recover the wages due plus a penalty of up to 1% per day for each day the wages remain unpaid (up to a maximum of 60 days), plus costs and reasonable attorneys' fees.

(e) Wage Deductions. No unauthorized deductions from final wages.

1.4 Expense Reimbursement. Within [____] days of the Separation Date.

ARTICLE 2: SEVERANCE CONSIDERATION

2.1 Severance Payment.

☐ Lump Sum: $[________________________________], less applicable withholdings.

☐ Installments: $[________________________________] per [____], for [____] months.

2.2 Benefits Continuation.

☐ COBRA Subsidy: [____] months.
☐ Wyoming Continuation Coverage: Under Wyo. Stat. § 26-19-113, continuation coverage is available for up to 12 months for employees of employers with 2+ employees.
☐ Lump Sum: $[________________________________].

2.3 Outplacement. [________________________________]

2.4 Other Benefits. [________________________________]

2.5 Tax Treatment. Subject to applicable federal withholdings. (Wyoming has no state income tax.)

2.6 Adequacy of Consideration. Exceeds amounts already owed.

ARTICLE 3: EQUITY, BONUS, AND OTHER COMPENSATION

3.1 Equity Awards. [________________________________]

3.2 Bonus/Commissions. [________________________________]

3.3 Section 409A. Compliance intended.

ARTICLE 4: GENERAL RELEASE OF CLAIMS

4.1 Employee Release. Employee hereby voluntarily, knowingly, and irrevocably releases and forever discharges the Released Parties from all claims, including but not limited to:

(a) Federal Statutes:

• Title VII, ADEA (subject to Article 6), ADA, Pregnant Workers Fairness Act (PWFA) (42 U.S.C. § 2000gg et seq.), FMLA, Equal Pay Act, GINA, USERRA, ERISA (excluding vested benefits), WARN Act, Section 1981, Sarbanes-Oxley, Dodd-Frank

(b) Wyoming Fair Employment Rules Act (WFERA) (Wyo. Stat. § 27-9-101 et seq.):

• The WFERA prohibits employment discrimination based on sex, race, creed, color, national origin, ancestry, age (40+), and disability
• Enforced by the Wyoming Department of Workforce Services (WDWS) -- Labor Standards Division
• Applies to employers with two (2) or more employees
• Administrative complaints must be filed with the WDWS within 180 days of the alleged discriminatory act
• The WDWS investigates and may attempt conciliation; if unresolved, may refer to the Attorney General or allow private suit
• Remedies: Back pay, reinstatement, and other equitable relief; the WFERA does not expressly authorize compensatory or punitive damages (federal Title VII provides the primary vehicle for damage awards)
• Wyo. Stat. § 27-9-105 -- Retaliation protections
• The WFERA is narrower than many state anti-discrimination statutes and does not include sexual orientation, gender identity, or marital status as protected classes

(c) Other Wyoming Statutes:

• Wyoming Wage and Hour Laws (Wyo. Stat. § 27-4-101 et seq.)
• Wyoming Workers' Compensation Act (Wyo. Stat. § 27-14-101 et seq.) (excluding existing claims)
• Wyoming Employment Security Law (Wyo. Stat. § 27-3-101 et seq.)
• Wyoming Government Claims Act (if applicable to government employees)

(d) Common Law Claims: Breach of contract, wrongful discharge in violation of public policy, tortious interference, defamation, fraud, intentional or negligent infliction of emotional distress, invasion of privacy, and all other Wyoming common law claims. (Note: Wyoming recognizes the at-will employment doctrine, with limited public policy exceptions.)

4.2 Standard Carve-Outs. This Release does NOT waive or release:

(a) Rights to enforce this Agreement;
(b) Post-signing claims;
(c) Vested ERISA benefits;
(d) Unemployment insurance benefits;
(e) Workers' compensation benefits;
(f) Indemnification rights;
(g) Right to file or cooperate with the EEOC, NLRB, SEC, OSHA, WDWS, or any governmental agency;
(h) NLRA Section 7 rights;
(i) Speak Out Act protections;
(j) Non-waivable rights.

4.3 Unknown Claims. Release covers known and unknown claims to the fullest extent permitted by Wyoming law.

4.4 Company Release. Standard mutual release with exceptions.

ARTICLE 5: DEFEND TRADE SECRETS ACT -- WHISTLEBLOWER IMMUNITY NOTICE

Pursuant to 18 U.S.C. § 1833(b):

"An individual shall not be held criminally or civilly liable under any Federal or State trade secret law for the disclosure of a trade secret that is made (i) in confidence to a Federal, State, or local government official, either directly or indirectly, or to an attorney; and solely for the purpose of reporting or investigating a suspected violation of law; or (ii) in a complaint or other document filed in a lawsuit or other proceeding, if such filing is made under seal. An individual who files a lawsuit for retaliation by an employer for reporting a suspected violation of law may disclose the trade secret to the attorney of the individual and use the trade secret information in the court proceeding, if the individual files any document containing the trade secret under seal and does not disclose the trade secret, except pursuant to court order."

ARTICLE 6: OWBPA / ADEA COMPLIANCE (EMPLOYEES AGE 40 AND OLDER)

6.1 Knowing and Voluntary Waiver. Per OWBPA, 29 U.S.C. § 626(f).

6.2 Consideration Period.

☐ Individual (21 days).

☐ Group Exit (45 days). Decisional unit disclosure: Exhibit A.

6.3 Revocation Period. Seven (7) calendar days. Written revocation to [________________________________]. Effective Date: eighth day.

6.4 Advice of Counsel. Employee is advised in writing to consult with an attorney.

6.5 No Waiver of Future Claims.

6.6 Additional Consideration.

ARTICLE 7: CONFIDENTIALITY, NON-DISPARAGEMENT, AND PROTECTED DISCLOSURES

7.1 Confidentiality. Standard terms with carve-outs.

7.2 Non-Disparagement (McLaren Macomb-Compliant). Mutual; NLRA Section 7 carve-out per McLaren Macomb, 372 NLRB No. 58 (2023).

7.3 Protected Disclosures. Employee may:

(a) File with EEOC, NLRB, SEC, OSHA, WDWS, or any agency;
(b) Cooperate with investigations;
(c) Testify truthfully;
(d) Engage in NLRA Section 7 activity;
(e) Make Speak Out Act and DTSA-protected disclosures.

7.4 Confidential Business Information. Per existing agreements and Wyoming Uniform Trade Secrets Act (Wyo. Stat. § 40-24-101 et seq.).

ARTICLE 8: RESTRICTIVE COVENANTS

8.1 Wyoming Non-Compete Law (Common Law Reasonableness).

Wyoming has no specific non-compete statute and evaluates enforceability under common law:

• Reasonableness Standard: Non-competes are enforceable if reasonable in (1) scope of restricted activities, (2) geographic area, and (3) duration, and necessary to protect a legitimate business interest
• Protectable Interests: Trade secrets, confidential information, customer relationships, and specialized training
• Consideration: Employment at inception provides consideration; mid-employment non-competes may require new consideration
• Blue-Pencil: Wyoming courts may modify or blue-pencil overbroad restrictions to render them reasonable
• Duration: 1-2 years is generally considered reasonable
• At-Will Doctrine: Wyoming strongly upholds the at-will employment doctrine, and non-competes are evaluated in that context

☐ No Non-Compete.
☐ Existing Non-Compete. Duration: [____] months. Geographic scope: [________________________________]. Activity: [________________________________].

8.2 Non-Solicitation. [________________________________]

8.3 Existing NDAs/Invention Assignment. Survive per their terms.

8.4 No-Rehire. ☐ Applicable. ☐ Not applicable.

ARTICLE 9: RETURN OF COMPANY PROPERTY

9.1 Within [____] days, return all property. 9.2 No copies retained. 9.3 Transition cooperation.

ARTICLE 10: DISPUTE RESOLUTION

10.1 Governing Law. Laws of Wyoming.

10.2 Forum. State or federal courts in [________________________________] County, Wyoming.

10.3 Arbitration. ☐ Not applicable. ☐ Applicable (with standard exclusions).

10.4 Jury Waiver. ☐ Mutual waiver. ☐ Not applicable.

ARTICLE 11: GENERAL PROVISIONS

11.1 Entire Agreement. 11.2 Amendments. 11.3 Severability. 11.4 Waiver. 11.5 Counterparts. 11.6 Successors and Assigns. 11.7 No Admission. 11.8 Section 409A.

ARTICLE 12: WYOMING-SPECIFIC COMPLIANCE CHECKLIST

☐ Final wages paid within 5 working days of separation (Wyo. Stat. § 27-4-104)
☐ Final wages NOT conditioned on execution of this Agreement
☐ PTO/vacation payout per Company policy
☐ Penalty wage exposure noted (1% per day, up to 60 days, Wyo. Stat. § 27-4-104(b))
☐ WFERA claims enumerated (Wyo. Stat. § 27-9-101 et seq.) -- applies to 2+ employees, 180-day filing deadline
☐ WFERA's narrower scope noted (does not include sexual orientation, gender identity, marital status)
☐ No state income tax -- federal withholdings only
☐ Non-compete (if any) meets common law reasonableness
☐ OWBPA consideration period provided (21 or 45 days)
☐ 7-day ADEA revocation period provided
☐ Employee advised to consult an attorney
☐ DTSA whistleblower immunity notice included (18 U.S.C. § 1833(b))
☐ McLaren Macomb NLRA Section 7 carve-out included
☐ Speak Out Act protections preserved
☐ WDWS filing rights preserved

ARTICLE 13: SIGNATURES

PLEASE READ THIS AGREEMENT CAREFULLY. IT CONTAINS A GENERAL RELEASE OF ALL KNOWN AND UNKNOWN CLAIMS, INCLUDING CLAIMS UNDER THE WYOMING FAIR EMPLOYMENT RULES ACT.

EMPLOYER: Signature: _____________________________ Date: [__/__/____]

Name: [________________________________] Title: [________________________________]

EMPLOYEE: Signature: _____________________________ Date: [__/__/____]

Name: [________________________________]

EXHIBITS:

☐ Exhibit A -- OWBPA Decisional Unit Disclosure (if applicable)
☐ Exhibit B -- Severance Payment Schedule
☐ Exhibit C -- Non-Compete Terms (if applicable)
☐ Exhibit D -- Reference Letter

Sources and References

• Wyoming WFERA: Wyo. Stat. § 27-9-101 et seq.
• Wyoming Final Pay: Wyo. Stat. § 27-4-104
• WDWS Labor Standards: Wyoming Workforce Services
• OWBPA: 29 U.S.C. § 626(f)
• DTSA: 18 U.S.C. § 1833(b)
• McLaren Macomb: 372 NLRB No. 58 (2023)

This template is provided for informational purposes only. Wyoming has no state income tax. The WFERA has narrower protected classes than many states. Consult a qualified Wyoming attorney before use.

Generated for use on the ezel.ai platform.