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California Severance Agreement

This Severance Agreement template is for employers in California to provide to an employee whose employment is being terminated. It outlines the terms of the severance package, including compensation, benefits, and release of claims.

Updated 15d ago
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California Severance Agreement

California Severance Agreement

{{company_name}}

{{company_address}}

{{phone}} | {{email}} | {{website}}

SEVERANCE AGREEMENT

This Severance Agreement ('Agreement') is entered into by and between {{company_name}} ('Employer') and {{employee_name}} ('Employee') as of {{date_of_agreement}}.

1. Termination of Employment

Employer and Employee agree that Employee's last day of employment will be {{last_day_of_employment}} ('Termination Date').

2. Severance Payment

In exchange for Employee's promises set forth in this Agreement, Employer agrees to pay Employee a gross severance amount of {{severance_amount}} ('Severance Payment'). This payment will be made in a lump sum on or before {{payment_due_date}}, subject to standard payroll deductions. Employee acknowledges that this Severance Payment is in addition to any final wages, accrued but unused vacation, or other benefits legally owed.

3. Continuation of Benefits

Employee's eligibility for company-sponsored health insurance will continue through {{benefits_end_date}}, in accordance with the terms of the applicable benefit plans. Information regarding COBRA continuation coverage will be provided separately.

4. Release of Claims

In consideration for the Severance Payment and other benefits described herein, Employee, on behalf of Employee and Employee's heirs, executors, administrators, and assigns, hereby releases and forever discharges Employer and its predecessors, successors, affiliates, subsidiaries, divisions, and their respective current and former officers, directors, shareholders, employees, attorneys, and agents (collectively, the 'Released Parties') from any and all claims, demands, causes of action, obligations, damages, and liabilities of any nature whatsoever, known or unknown, suspected or unsuspected, that Employee ever had or now has against the Released Parties arising from or relating to Employee's employment with Employer or the termination of that employment up to the date Employee signs this Agreement. This release includes, but is not limited to, claims arising under federal, state, or local laws pertaining to employment discrimination (e.g., Title VII of the Civil Rights Act, Americans with Disabilities Act, Age Discrimination in Employment Act, California Fair Employment and Housing Act), wage and hour laws, breach of contract, wrongful termination, torts, and any other claims, except for those that cannot be released by operation of law.

5. Acknowledgment of ADEA Rights (for employees 40 years or older)

Employee acknowledges that this Agreement includes a waiver of claims under the Age Discrimination in Employment Act (ADEA). Employee is advised to consult with an attorney prior to signing this Agreement. Employee has been given a period of at least twenty-one (21) calendar days to consider this Agreement. Employee may revoke this Agreement within seven (7) calendar days following the date Employee signs it. The Agreement will not become effective or enforceable until the revocation period has expired.

6. Confidentiality

Employee agrees to maintain the confidentiality of all trade secrets, proprietary information, and other confidential business information of Employer. Employee further agrees not to disclose the terms of this Agreement to any third party, except to Employee's immediate family, legal counsel, or financial advisor, provided such individuals also agree to maintain confidentiality.

7. Non-Disparagement

Employee agrees not to make any disparaging remarks or statements about Employer or the Released Parties. Employer agrees to instruct its executive officers not to make any disparaging remarks or statements about Employee.

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 law principles.

9. Entire Agreement

This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, understandings, negotiations, and discussions, whether oral or written.

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

EMPLOYER By: _____________________________ Name: {{employer_signer_name}} Title: {{employer_signer_title}} EMPLOYEE Signature: _____________________________ Printed Name: {{employee_name}} Date: {{date_signed_employee}}

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