Severance agreement template
A severance agreement trades a payment the employee isn't otherwise owed for a release of legal claims, and sets out how the job ends. This template covers the pay, benefits, the release, the review and revocation periods older workers must get, returning property and references. Read it below, fill in the terms, then send it with a sign-by date that matches the review period.
Updated November 5, 2026 · 4 min read
The contract
Gray blanks are yours to fill in before you send. Each signer fills in the blanks in their color.
- You, before sending
- Employee
- Company officer
Severance Agreement and General Release
This Severance Agreement and General Release (the "Agreement") is between Company name (the "Company") and Employee name (the "Employee"). The Company gave this Agreement to the Employee on Date given.
1. Separation
The Employee's employment ends on Separation date (the "Separation Date"). Whether or not the Employee signs this Agreement, the Company will pay all wages earned through the Separation Date, any accrued vacation or paid time off the law or Company policy makes payable, and expenses properly submitted by Expense deadline. These payments are not part of the severance in section 2.
2. Severance pay
If the Employee signs this Agreement and does not revoke it, the Company will pay the Employee severance of Severance amount in total, less required tax withholding, paid as follows: Payment schedule. Payments begin on the first regular payday after the Effective Date in section 9. The Employee agrees that this severance is more than they would otherwise be entitled to receive.
3. Benefits
The Employee's group health coverage ends on Health coverage end date. The Employee will receive a separate notice explaining the right to continue coverage under COBRA or state law. If the Employee elects continuation coverage on time, the Company will pay the premiums for Months of premiums paid months, or until the Employee becomes eligible for another group health plan, whichever comes first. Retirement and other benefits are governed by the terms of each plan.
4. General release of claims
In exchange for the severance, the Employee, for themselves and their heirs, releases the Company and its owners, officers, directors, employees, agents, successors and benefit plans from all claims, known or unknown, that arise from anything that happened up to the date the Employee signs this Agreement. This includes claims about the Employee's hiring, pay, employment and its end, and claims under Title VII of the Civil Rights Act, the Age Discrimination in Employment Act, the Americans with Disabilities Act, the Family and Medical Leave Act, the Employee Retirement Income Security Act (other than claims for vested benefits), 42 U.S.C. § 1981, and any state or local law against discrimination, harassment or retaliation, as well as contract and personal injury claims, to the fullest extent the law allows.
5. Claims not released
The Employee does not release claims for unemployment or workers' compensation benefits; vested retirement or other plan benefits; rights under this Agreement; claims arising after the Employee signs; or any claim that cannot be released by private agreement under the law. The Employee also does not give up the right to challenge whether this release of age claims is valid.
6. Protected rights
Nothing in this Agreement prevents the Employee from filing a charge with, or taking part in an investigation by, the Equal Employment Opportunity Commission, the National Labor Relations Board, the Securities and Exchange Commission or any other government agency; from testifying truthfully under subpoena; from discussing terms and conditions of employment; or from speaking about unlawful conduct in the workplace. The Employee does give up any right to receive money from the Company in a charge or lawsuit about released claims, except an award paid by a government agency for information provided to it.
7. Company property
By Property return date, the Employee will return the following, along with all other Company documents, files and devices, and delete Company information from personal devices: Property to return. The Company will provide prepaid shipping if needed.
8. Confidentiality and statements
Subject to section 6, the Employee will keep the amount of the severance private, except from their family, attorney, tax and financial advisers, and government agencies. The Employee will not make statements about the Company that they know to be false, and the Company will instruct Managers bound by non-disparagement not to make statements about the Employee that they know to be false.
9. Time to consider, revocation and Effective Date
The Employee has Days to consider days from the date in the opening paragraph to consider this Agreement, and the Company advises the Employee in writing to consult an attorney of their choice before signing. The Employee may sign sooner if they choose to, but no one may require it. After signing, the Employee has 7 days to revoke this Agreement by written notice to Revocation email. If the Employee does not revoke, this Agreement becomes effective on the eighth day after the Employee signs it (the "Effective Date"). If the Employee revokes, no severance is paid.
10. References and unemployment
Reference requests should go to Reference contact, who will confirm only the Employee's dates of employment and last job title. The Company will not contest a claim for unemployment benefits, but will answer questions from the unemployment agency truthfully.
11. General terms
This Agreement is not an admission of wrongdoing by anyone. It is the entire agreement about the end of the Employee's employment, except that earlier confidentiality, invention or similar agreements stay in force on their own terms. If a court finds part of it unenforceable, the rest stays in effect. It is governed by the laws of the state of State, can be changed only in a writing signed by both parties, and may be signed electronically.
I have read and understand this Agreement, I was advised to consult an attorney and given time to do so, and I am signing it knowingly and voluntarily.
Employee
For the Company (authorized officer)
Opens it in SignMaster as a template you can edit and send.
A starting point, not legal advice. Have a lawyer review it for your state and situation.
On this page
What a severance agreement does
Severance usually isn't required by law. When an employer offers it, it's normally in exchange for the employee's promise not to sue over the job or how it ended. The agreement records that trade, and the release only holds if it's knowing and voluntary: clear language, enough time to think, and something of value the employee wasn't already entitled to.
Use it for a layoff, a negotiated departure, or a dismissal where you want a clean ending. Final wages, vacation pay the law makes payable and vested benefits are owed whether or not the employee signs, so pay them separately and on time.
What the template covers
- Separation date, and confirmation that final wages are paid separately from the severance.
- Severance pay: the gross amount, lump sum or installments, and when payments start.
- Benefits: when coverage ends, COBRA continuation, and any months of premiums the company pays.
- Release of claims: what the employee gives up, including age claims, and the claims the law doesn't allow anyone to release.
- Review and revocation: 21 days to consider, or 45 in a group layoff, 7 days to revoke, and written advice to see a lawyer.
- Protected rights: agency charges, testimony and talking about working conditions stay possible.
- Property, references and unemployment: what comes back, what reference checks hear, and no opposition to an unemployment claim.
- Effective date: the eighth day after the employee signs, if they haven't revoked.
Mistakes that undo the release
- Rushing a worker aged 40 or over. Under the Older Workers Benefit Protection Act, waiving age claims takes 21 days to consider (45 in a group program), 7 days to revoke and written advice to consult a lawyer. Miss one and the age release fails.
- Offering nothing new. If the severance is only what the employee was owed anyway, there's nothing given in exchange for the release.
- Leaving out the group disclosures. In a layoff program, employees 40 and over must get the job titles and ages of the people selected and not selected.
- Overreaching gag clauses. The NLRB has held that broad confidentiality and non-disparagement terms in severance agreements for non-supervisory employees can violate federal labor law.
- Holding final pay hostage. Earned wages are due on your state's schedule, signed agreement or not.
Changing a clause
The template is a PDF with fields. To change a clause, such as the confidentiality terms in section 8, use the editor's Markup tools: cover it with White-out and type your wording in a Text box, or Strike through a line you're dropping.
How to send it with SignMaster
- 1
Open the template
Choose Use this template above. The employee signs first; an authorized officer signs for the company after them.
- 2
Fill in the terms
Type the separation date, severance amount, payment schedule, benefits terms and review period into the gray blanks. In a layoff, add the group disclosure as a second document.
- 3
Match the sign-by date to the review period
In Message & settings, set the sign-by date to the last day of the 21 or 45 days. Reminders nudge the employee as it gets close, without pressing them to sign early.
- 4
Keep it private
Severance terms are personal. Require an access code before the agreement opens, and send it to the employee's personal email.
- 5
Count the revocation days
The certificate of completion records when the employee signed. Count seven days from there, and start payments only after that window closes.
Several people in one layoff
When a reduction affects several people, bulk send gives each one their own envelope from a CSV, with columns named Severance amount and Separation date filling the gray blanks on each copy. Each envelope stays private to its employee. Attach the group disclosure to every copy that goes to someone aged 40 or over, and give everyone in the program the 45-day period.
Questions? Answers.
How long does an employee have to sign a severance agreement?
To waive age claims, an employee aged 40 or over needs at least 21 days for an individual separation and 45 days in a group layoff, plus 7 days to revoke after signing. There's no federal minimum for younger employees, but a reasonable period helps show the release was voluntary.
Can the employee sign before the review period ends?
Yes, if it's their own choice. They can't be pushed, for example by a threat to withdraw the offer before the period ends, and the 7-day revocation period still runs after they sign.
Is an e-signed severance agreement valid?
Generally, yes. The ESIGN Act and state UETA laws cover employment agreements. Courts focus on whether the release was knowing and voluntary, and the certificate of completion shows when the employee opened and signed it.
Can it stop the employee from criticizing the company?
A narrow clause is common, but for non-supervisory employees the NLRB has said broad confidentiality and non-disparagement terms can violate the National Labor Relations Act. The template's version is narrow and leaves protected activity alone; keep it that way.
