Severance Agreement - Kansas

SEVERANCE AND GENERAL RELEASE AGREEMENT

(Kansas – Individual Separation)

TABLE OF CONTENTS

1. Document Header
2. Definitions

3. Operative Provisions
   3.1 Termination of Employment
   3.2 Severance Benefits
   3.3 Employee Release of Claims
   3.4 Employer Release of Claims
   3.5 OWBPA / ADEA Compliance

4. Representations & Warranties

5. Covenants & Restrictions
6. Default & Remedies
7. Risk Allocation
8. Dispute Resolution
9. General Provisions
10. Execution Block

1. DOCUMENT HEADER

This Severance and General Release Agreement (the “Agreement”) is made and entered into as of [DATE OF SIGNATURE] (the “Execution Date”) by and between [EMPLOYER LEGAL NAME], a [STATE] [ENTITY TYPE] (the “Employer”), and [EMPLOYEE FULL LEGAL NAME] (“Employee”).

WHEREAS, Employee’s employment with Employer will terminate effective [TERMINATION DATE] (the “Separation Date”); and

WHEREAS, Employer wishes to provide Employee with certain severance benefits in exchange for Employee’s promises, releases, and covenants herein;

NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein and other good and valuable consideration, the sufficiency and receipt of which are hereby acknowledged, the parties agree as follows:

2. DEFINITIONS

For purposes of this Agreement, the following capitalized terms shall have the meanings set forth below. Any term used but not defined shall have its plain-language meaning, taking into account the context of this Agreement.

“Action” means any charge, claim, complaint, investigation, lawsuit, arbitration, or other proceeding of any nature, whether civil, criminal, administrative, or regulatory.

“ADEA” means the federal Age Discrimination in Employment Act of 1967, as amended by the Older Workers Benefit Protection Act (“OWBPA”).

“Agreement” has the meaning set forth in the preamble.

“Applicable Law” means federal, Kansas, and local law governing this Agreement, including the ADEA and the Kansas Act Against Discrimination, K.S.A. § 44-1001.

“Confidential Information” means all non-public information belonging to or concerning Employer or its affiliates that is not generally disclosed to persons outside the organization, including without limitation trade secrets, business plans, intellectual property, personnel information, and financial data.

“Effective Date” means the date this Agreement becomes effective and irrevocable, which shall be the eighth (8th) calendar day after Employee signs this Agreement, provided that Employee has not timely revoked it pursuant to Section 3.5(f).

“Releasees” means Employer, its past and present parents, subsidiaries, affiliates, predecessors, successors, assigns, benefit plans, and each of their respective past and present owners, directors, officers, employees, fiduciaries, agents, and representatives, all in their individual and representative capacities.

“Severance Benefits” has the meaning set forth in Section 3.2.

[Additional defined terms may be inserted as needed.]

3. OPERATIVE PROVISIONS

3.1 Termination of Employment

Employee’s employment with Employer shall terminate effective as of the Separation Date. Earned wages are due no later than the next regular payday on which Employee would have been paid if still employed. K.S.A. § 44-315(a). Final earned wages, reimbursable expenses, vested benefits, and accrued leave owed under applicable law or a controlling plan, policy, or contract are not Severance Benefits and are not conditioned on signing this Agreement. Employee identifies any known unpaid-compensation issue here: [________________________________].

3.2 Severance Benefits

In consideration of Employee’s execution (and non-revocation) of this Agreement and compliance with its terms, Employer shall provide the following (collectively, the “Severance Benefits”):

a. Cash Severance: A lump-sum payment of [SEVERANCE AMOUNT] (less applicable withholdings) payable on the first regular payroll date occurring on or after the Effective Date.

b. COBRA Subsidy: Employer will pay [X] months of the employer-portion of COBRA premiums for Employee’s group health coverage, commencing the month following the Separation Date.

c. Outplacement: Employer will provide professional outplacement services for up to [NUMBER] months, not to exceed [DOLLAR AMOUNT] in aggregate cost.

The Severance Benefits are consideration in addition to anything Employee is already entitled to receive and are exchanged for the release and lawful promises in this Agreement.

3.3 Employee Release of Claims

a. General Release. Subject to Section 3.3(b), Employee, on behalf of Employee and Employee’s heirs, executors, administrators, legal representatives, and assigns, hereby irrevocably and unconditionally releases and forever discharges all Releasees from any and all claims, demands, causes of action, liabilities, and damages of any kind, whether known or unknown, suspected or unsuspected, based on acts occurring on or before the date Employee signs this Agreement, including but not limited to claims relating to:

i. employment, compensation, benefits, or termination;
ii. discrimination, harassment, or retaliation under any Applicable Law;
iii. wages, overtime, or other remuneration;
iv. breach of contract, tort, or public-policy discharge; and
v. any other statutory or common-law right.

b. Exclusions. Nothing in this Agreement shall be construed to waive or release:

i. rights or claims that cannot lawfully be waived, or claims arising after Employee signs this Agreement;
ii. Employee’s right to file a charge or complaint, communicate with or provide information to the EEOC, NLRB, Kansas Human Rights Commission, or another governmental agency, or participate in an agency investigation or proceeding; or
iii. enforcement of this Agreement.

Nothing in this Agreement interferes with agency enforcement authority. Any effect of the release on individual monetary recovery is governed by applicable law.

3.4 Employer Release of Claims

Employer, on behalf of itself and its successors and assigns, hereby releases Employee from claims based on acts occurring on or before the date Employee signs this Agreement and arising out of Employee’s employment or its termination, except for: (i) claims arising from Employee’s fraud, embezzlement, or willful misconduct; (ii) rights under this Agreement; and (iii) claims that cannot be waived as a matter of law.

3.5 OWBPA / ADEA Compliance

a. Acknowledgment. Employee acknowledges that Employee is hereby advised in writing to consult with an attorney of Employee’s choosing before signing this Agreement.

b. Consideration Period. Employee has at least twenty-one (21) calendar days to consider the final Agreement before signing. If this waiver is offered in connection with an exit incentive or other employment termination program offered to a group or class of employees, replace twenty-one days with at least forty-five (45) calendar days and, at the beginning of that period, provide a written disclosure calculated to be understood by the average eligible employee that identifies:

i. the decisional unit, class, or group covered by the program;
ii. the program’s eligibility factors and applicable time limits;
iii. the job titles and individual ages of all employees eligible or selected for the program; and
iv. the individual ages of employees in the same job classification or organizational unit who are not eligible or selected.

Material changes to the final offer restart the applicable consideration period unless the parties agree otherwise. Employee may sign sooner only by a knowing and voluntary choice that Employer has not induced through fraud, misrepresentation, a threat to withdraw or change the offer before the period ends, or better terms for early signature.

c. Revocation Period. After signing, Employee may revoke this Agreement within seven (7) calendar days (the “Revocation Period”) by delivering written notice of revocation to [EMPLOYER CONTACT NAME & ADDRESS] before 11:59 p.m. Central Time on the seventh day.

d. Effective Date. This Agreement shall not become effective or enforceable until the Revocation Period expires.

e. ADEA-Specific Terms. The ADEA waiver is written to be understood, specifically names the ADEA, excludes later-arising claims, and is supported by consideration in addition to anything Employee is already entitled to receive. See 29 U.S.C. § 626(f) and 29 C.F.R. § 1625.22.

f. No Future Claims Waived. This Agreement does not waive claims that arise after Employee signs this Agreement.

4. REPRESENTATIONS & WARRANTIES

4.1 Mutual Authority. Each party represents that it has full authority to execute and deliver this Agreement and to perform its obligations hereunder.

4.2 Employee Representations. Employee represents that:
a. Employee identifies any pending lawsuit, arbitration, charge, or complaint against a Releasee here: [________________________________]. This disclosure does not restrict protected agency communication or participation.
b. Employee identifies any known unreported workplace injury or occupational disease here: [________________________________].
c. Employee has returned or will promptly return Employer property pursuant to Section 5.3, except material that must be preserved by law, litigation hold, or written instruction.

4.3 Survival. The representations, warranties, and covenants contained in Sections 4, 5, and 7 shall survive the Effective Date.

5. COVENANTS & RESTRICTIONS

5.1 Confidentiality. Employee shall protect legitimate trade secrets and non-public proprietary information. This Section does not restrict truthful testimony, protected communications, government reports, or other conduct protected by law. Employee may disclose the payment amount to Employee’s attorney, tax advisor, spouse, or as required by law.

5.2 Non-Disparagement. During [TIME PERIOD], neither party shall knowingly make a false statement of fact intended to harm the other party’s reputation. This Section does not restrict truthful statements, government communications, whistleblower reports, testimony, or other conduct protected by law.

5.3 Return of Property. Employee shall, no later than [DATE], return Employer property and delete Employer data from personal devices, except material that must be preserved by law, litigation hold, or written instruction. Return of property does not delay final wages or other amounts already owed.

5.4 Cooperation. On reasonable advance notice, Employee will provide reasonable factual cooperation concerning matters within Employee’s personal knowledge. Cooperation may not unreasonably interfere with other work, require privileged or protected disclosure, or restrict truthful testimony or government communications. Employer will reimburse reasonable out-of-pocket expenses and compensate substantial time at $[RATE] per hour.

5.5 Prior and Proposed Restrictive Covenants. No prior restrictive covenant is automatically reaffirmed or incorporated by this Agreement. Any proposed noncompetition, customer nonsolicitation, confidentiality, or similar post-employment restraint requires separate Kansas legal review and must be identified expressly here: [________________________________].

6. DEFAULT & REMEDIES

6.1 Events of Default. A party shall be in default if it materially breaches any provision of this Agreement and fails to cure such breach within ten (10) days after receipt of written notice specifying the breach.

6.2 Remedies. A party may pursue lawful contract remedies for a proven material breach. No remedy creates a release-challenge penalty, requires repayment merely for filing or participating in an agency matter, or restricts a protected communication.

6.3 Attorneys’ Fees. This template creates no prevailing-party fee shift.

7. RISK ALLOCATION

7.1 Government Communications and Proceedings. Nothing in this Agreement prevents Employee from filing a charge or complaint, communicating with or providing information to a government agency, or participating in an agency investigation or proceeding. Nothing interferes with agency enforcement authority. Any effect of the release on individual monetary recovery is governed by applicable law.

7.2 ADEA Waiver Challenges. Nothing imposes a condition precedent, penalty, attorney-fee liability, damages, or another limitation that adversely affects Employee’s right to challenge the validity of the ADEA waiver.

7.3 No Employee Risk-Shifting. This Agreement does not impose employee indemnity, a liability cap, a force-majeure excuse for payment, a severance clawback, or a penalty for a good-faith challenge to the release.

8. DISPUTE RESOLUTION

8.1 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Kansas and applicable federal law, without regard to conflict-of-law principles.

8.2 Forum. An action concerning this Agreement may be filed in a Kansas state or federal court with subject-matter and personal jurisdiction and proper venue.

8.3 Arbitration. No arbitration clause is included. If selected, use a separately reviewed addendum addressing formation, costs, discovery, remedies, and governing law.

8.4 Jury Trial Waiver. No predispute jury waiver is included in this template.

8.5 Protected Rights. Nothing in this Article restricts agency access, protected communications, or claims and remedies that cannot be waived privately.

9. GENERAL PROVISIONS

9.1 Entire Agreement; Integration. This Agreement constitutes the entire understanding concerning its subject matter and supersedes prior oral or written understandings concerning that subject matter. No separate restrictive covenant or other prior obligation is incorporated unless expressly identified in Section 5.5.

9.2 Amendments; Waivers. No amendment or waiver shall be effective unless in writing and signed by both parties. A waiver of any breach shall not be deemed a waiver of any other or subsequent breach.

9.3 Assignment. This Agreement is personal to Employee and may not be assigned. Employer may assign this Agreement to any successor by merger, consolidation, or sale of substantially all of its assets, provided such successor assumes Employer’s obligations herein.

9.4 Severability. If a provision is held invalid or unenforceable, the remaining provisions remain in effect to the extent permitted by law. This clause does not authorize expansion of a release or restraint.

9.5 Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the parties and their respective heirs, executors, administrators, successors, and permitted assigns.

9.6 Counterparts; Electronic Signatures. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, and all of which together shall constitute one instrument. Electronic signatures shall be deemed original signatures for all purposes.

9.7 Construction. Headings are for convenience only and shall not affect interpretation. The word “including” means “including without limitation.”

9.8 Tax Matters. Employer makes no representation as to the tax treatment of the Severance Benefits. Employee is advised to consult with a tax professional. Employer shall withhold all taxes as required by law.

10. EXECUTION BLOCK

IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates set forth below.

Sources and References

• 29 U.S.C. § 626(f)
• 29 C.F.R. § 1625.22
• K.S.A. § 44-315
• K.S.A. § 44-1001