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Severance and Release Agreement

Federal & State Law Editorial TeamLast reviewed: April 2026

Agreement providing severance pay in exchange for the employee's release of legal claims against the employer. Includes non-disparagement and confidentiality provisions.

DOCX TemplateUse the instructions below to complete this form

Instructions

Instructions

  • Parties: Employer entity and departing employee
  • Severance Benefits: Specify the severance amount, payment schedule, and extended benefits
  • Release of Claims: The employee releases all claims (discrimination, wrongful termination, wage claims)
  • ADEA Compliance: For employees 40+, provide 21 days to consider (45 days for group layoffs) and 7 days to revoke
  • Non-Disparagement: Both parties agree not to make negative statements about each other
  • Confidentiality: The terms of the agreement remain confidential
  • Return of Property: Confirm return of all company property and data
  • Reference: Specify what the company will say in response to reference requests
  • Note: Employees over 40 have specific rights under the Older Workers Benefit Protection Act (OWBPA). Failure to comply can invalidate the release.

    This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.