All formsParties: 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
Employmentdocx
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
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.