EMPLOYMENT SEPARATION AGREEMENT
This Employment Separation Agreement (the "Agreement") is entered into as of [Effective Date] (the "Effective Date"), by and between:
[Employer], a corporation ("Employer"), and
[Employee], an individual ("Employee").
The Parties are ending the employment relationship on the terms of this Agreement.
1. End of Employment. Employment ends on [end date] (the "Separation Date"). After the Separation Date the Employee will not hold out as an employee of the Employer or act for the Employer, except to finish a short transition the Employer asks for before that date. The Employee's work was based in California.
2. Final Earned Compensation. The Employer will pay the Employee [final earned pay], covering compensation earned through the Separation Date, including wages and accrued paid time off the law requires the Employer to pay. Payment is due on the next regular payday, or sooner if the law requires. This amount is earned pay. It is separate from severance, and the Employee does not have to give a release to receive it.
3. Severance. The Employer will pay the Employee severance of [severance]. Severance is extra consideration for the promises in this Agreement. It is not wages the Employee has already earned. The Employer may withhold taxes the law requires. The Employer will pay it within 30 days after the Employee signs this Agreement.
4. Benefits. Benefit coverage ends as each plan's terms and the law allow. This Agreement does not extend a plan and does not promise continuation coverage. The Employer will give the notices the plans and the law require.
5. Return of Property. By the Separation Date the Employee will return Employer property and confidential materials, including devices, keys, and records, except copies the Employee must keep under a legal duty.
6. Agreements That Survive. Confidentiality, invention assignment, and any other written agreement between the Parties that says it survives employment stays in effect. This Agreement does not cancel those duties.
7. References. If asked for a reference, the Employer will confirm the Employee's dates of employment and last job title and will stay neutral, unless the Parties agree in writing to say something else.
8. Release. The Employee releases the Employer and its current and former officers, directors, and employees from claims arising out of the employment or the way it ended, through the date the Employee signs this Agreement. The release covers claims the Employee has as of that signing date. It does not cover a claim the law does not allow the Employee to release. It does not cover the Employee's right to the earned pay described above or to vested benefits. The Employee worked in California. Rules for a release differ by state, and this clause is not offered as a release that works in every state. This Agreement does not promise a short period to consider the release. If a law requires a consideration period or a revocation period, that law controls.
9. Governing Law. This Agreement is governed by the laws of Delaware, without regard to conflict of laws principles. Any legal suit, action, or proceeding relating to this Agreement must be instituted in the state or federal courts located in Delaware, and each Party irrevocably submits to the exclusive jurisdiction of those courts.
10. General. This Agreement is the entire agreement on its subject. It may be amended only in a writing signed by the Parties, and it may be signed in counterparts, including electronic copies. If a part is unenforceable, the rest stays in effect.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date.
Employer: [Employer]
By: ________________________________
Name: [Signatory]
Title: [Title]
Employee: [Employee]
By: ________________________________
Name: [Signatory]
