Prepared by Mari Kaluza, Jessica S. Pecoraro, Jeremy D. Sosna & Howard B. Tarkow
When parting company, a written separation agreement can be valuable for both employers and employees. The employee receives compensation or other assistance to bridge the gap until the next job. The employer can obtain an enforceable waiver of many legal claims that the employee can agree to give up in return for the compensation. This InFORMed Annotated Legal Document is intended to provide guidance to employers on when and how to use a separation agreement to reduce the chance of claims by departing employees and drafting recommendations for minimizing the risk of successful legal challenges to the agreement. This InFORMed Annotated Legal Document also helps employees to understand their rights if they receive an offer upon finding themselves out of a job.
This InFORMed Annotated Legal Document contains two annotated separation agreements – one between an employer and one individual, and the other includes the terms for a valid waiver of federal age discrimination claims if the employer is offering severance benefits to a group of employees.
The companion eFormbook provides the forms in an unannotated format that users can download and customize for their clients.
A Separation Agreement Is a Contract
When Should the Employer Use a Separation Agreement?
How Should the Employer Use Separation Agreements?
Write Separation Agreements to Avoid Legal Pitfalls
Form A: First Sample Annotated Separation Agreement and Release
Form B: Second Sample Annotated Separation Agreement and Release
Your annotated manual provides instructions for accessing the eFormbook.
InFORMed Annotated Legal Documents are expertly drafted legal forms and documents containing annotations and helpful commentary by expert attorneys. You'll receive drafting rationales and insights from the author, along with practice tips and citations to pertinent authority. Checklists and sample language also may be provided.
Each InFORMed Annotated Legal Document comes with a companion eFormbook which is accessible through your account on the Minnesota CLE website. The eFormbook contains the unannotated version of the documents included in the manual. Don’t scan or retype the documents found in the annotated manual – save time by simply downloading the documents and fine-tuning them to suit your needs!
Once I’ve purchased an InFORMed Annotated Document that includes an eFormbook, how do I access it?
Access the eFormbook through your account on the Minnesota CLE website under My Account > eResources & Publications.
Will I always have access to my InFORMed eFormbook?
Yes, you will always have access to the eFormbook. Even if we publish an updated InFORMed book, you will still have access to the eFormbook you purchased originally. If you purchase the updated InFORMed Annotated Document, you will have access to the most up-to-date eFormbook.
Can I download the forms in my eFormbook?
Yes, and we recommend that you download all of the forms in your eFormbook so you can use them without Internet access.