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California Severance Agreement

This Severance Agreement template is for employers in California to use when terminating an employee, outlining severance pay, release of claims, and other terms and conditions.

Updated 15d ago
severance agreement california employee terminationHRlegal documentemployment law

Company Letterhead

{{company_name}}

{{company_address}}

Phone: {{phone}}

Email: {{email}}

Website: {{website}}

SEVERANCE AGREEMENT

This Severance Agreement ("Agreement") is made and entered into as of {{date}}, by and between {{company_name}} ("Employer"), located at {{company_address}}, and {{employee_name}} ("Employee"), residing at {{employee_address}}.

1. Termination of Employment

The Employee's employment with the Employer will be terminated effective {{termination_date}} ("Termination Date"). The Employee's final day of active employment will be {{last_day_of_active_employment}}.

2. Severance Payment

In exchange for the Employee's agreement to the terms and conditions set forth herein, the Employer agrees to pay the Employee a lump sum severance payment of {{severance_amount}} ({{severance_amount_words}}) less applicable withholdings and deductions. This payment will be made on or before {{payment_date}}.

3. Release of Claims

The Employee, on behalf of themselves, their heirs, executors, administrators, successors, and assigns, hereby releases and forever discharges the Employer, its officers, directors, employees, agents, subsidiaries, affiliates, and successors from any and all claims, demands, actions, causes of action, suits, grievances, obligations, damages, and liabilities of any kind whatsoever, known or unknown, suspected or unsuspected, that the Employee ever had, now has, or may have against the Employer arising out of or related to the Employee's employment or separation from employment, including, but not limited to, claims for wrongful termination, breach of contract, defamation, discrimination (including based on race, color, religion, sex, national origin, age, disability, or any other protected characteristic), harassment, retaliation, and any claims arising under federal, state, or local laws, such as Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, the Age Discrimination in Employment Act, the California Fair Employment and Housing Act, and the California Labor Code.

4. Confidentiality

The Employee agrees to maintain the confidentiality of all proprietary, confidential, or trade secret information of the Employer, both during and after the term of employment. The Employee will not, directly or indirectly, use or disclose any such information to any third party. The Employee further agrees to return all Employer property, including all confidential information, on or before the Termination Date.

5. Non-Disparagement

The Employee agrees not to make any disparaging remarks or statements, whether verbal or written, about the Employer, its officers, directors, employees, products, or services. The Employer agrees that its authorized representatives will not make any disparaging remarks or statements, whether verbal or written, about the Employee.

6. Return of Company Property

The Employee confirms that they have returned all company property, equipment, and documents, including but not limited to, keys, computers, mobile phones, credit cards, and confidential files, to the Employer on or before the Termination Date.

7. Acknowledgment of Opportunity to Review and Consult

The Employee acknowledges that they have been advised to consult with an attorney of their choice before signing this Agreement and that they have been given at least twenty-one (21) days to consider this Agreement. The Employee further understands that they have seven (7) days following the execution of this Agreement to revoke it, and this Agreement will not become effective or enforceable until the revocation period has expired.

8. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of laws principles.

9. Entire Agreement

This Agreement constitutes the entire agreement between the Employee and the Employer regarding the subject matter hereof and supersedes all prior and contemporaneous agreements, understandings, and communications, whether written or oral.

10. Signature Block

IN WITNESS WHEREOF, the parties have executed this Severance Agreement as of the date first written above.

_____________________________

{{employee_name}}

_____________________________

For: {{company_name}}

Name: {{authorized_signatory_name}}

Title: {{authorized_signatory_title}}

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