← Back to workflows
Employment And Consulting

Employee Separation and Release Agreement

Drafting employee separation agreements manually requires hours of research across state laws, EEOC requirements, and template customization. Attorneys must verify ADEA waiver compliance, calculate consideration periods, and ensure all restrictive covenants align with jurisdiction-specific enforceability standards while managing risk exposure.

Automation ROI

Time savings at a glance

Manual workflow3.5 hoursAverage time your team spends by hand
With CaseMark12 minutesDelivery time with CaseMark automation
EfficiencySave 17.5x time with CaseMark

The Problem

Drafting employee separation agreements manually requires hours of research across state laws, EEOC requirements, and template customization. Attorneys must verify ADEA waiver compliance, calculate consideration periods, and ensure all restrictive covenants align with jurisdiction-specific enforceability standards while managing risk exposure.

The CaseMark Solution

CaseMark automates the entire drafting process by generating compliant separation agreements with proper ADEA waivers, state-specific provisions, and customized severance terms. The AI researches current legal requirements, incorporates best practices from authoritative sources, and produces ready-to-review documents in minutes.

Key benefits

How CaseMark automations transform your workflow

Generate ADEA-compliant release agreements with proper consideration periods automatically

Reduce drafting time from 3+ hours to under 15 minutes per agreement

Ensure state-specific compliance with automated jurisdiction research

Incorporate current EEOC guidelines and bar association best practices

Customize severance terms, non-compete clauses, and confidentiality provisions instantly

What you'll receive

Introduction and Recitals
Separation Terms
Consideration and Severance
Release of Claims
Covenants and Restrictions
Governing Law and Dispute Resolution
Miscellaneous Provisions
Signatures

Document requirements

Required

  • Employment Agreement or Offer Letter
  • Company Policies or Employee Handbook

Optional

  • Prior Separation Agreements
  • Severance Policy Documentation
  • State-Specific Legal Requirements

Perfect for

Employment Lawyer
HR Legal Counsel
Corporate Counsel
Solo Practitioner
Paralegal
In-House Legal Team

Also useful for

This workflow is applicable across multiple practice areas and use cases

Employment litigators use separation agreements to settle wrongful termination, discrimination, and harassment claims, requiring ADEA-compliant releases and proper consideration periods.

Settlement agreements in employment litigation are essentially separation agreements with releases of claims, making this workflow directly applicable to resolving employment disputes before or during litigation.

Corporate General80% relevant

Corporate attorneys handle employee separations during restructurings, reductions in force, and executive transitions, requiring compliant severance documentation and release agreements.

General corporate practice regularly involves workforce management decisions that necessitate properly drafted separation agreements to protect the company from future claims.

M&A transactions frequently require separation agreements for executives and key employees being terminated or transitioned out as part of the deal structure or post-closing integration.

Corporate restructuring and workforce reductions are common in M&A deals, requiring compliant separation agreements with releases to minimize post-transaction employment liability.

Corporate governance matters often involve executive separations, board member transitions, and officer removals requiring sophisticated separation agreements with tailored release provisions.

Governance attorneys manage C-suite and board transitions where separation agreements must address fiduciary duties, confidentiality, and company protection while ensuring compliance with corporate bylaws.

Frequently asked questions

Q

How does CaseMark ensure ADEA waiver compliance in separation agreements?

A

CaseMark automatically incorporates EEOC-compliant ADEA waiver language, including the required 21-day consideration period (or 45 days for group terminations) and 7-day revocation period. The AI verifies all mandatory disclosures and plain language requirements are met for employees over 40.

Q

Can the AI customize separation agreements for different states?

A

Yes, CaseMark researches and applies state-specific employment laws, including variations in non-compete enforceability, wage payment timing, and release requirements. The system automatically adjusts governing law clauses and provisions based on your jurisdiction.

Q

What severance terms can be included in the agreement?

A

CaseMark drafts comprehensive severance provisions including lump sum or installment payments, COBRA continuation, equity treatment, bonus calculations, and benefits extensions. You can specify custom terms and the AI will structure them with appropriate conditions and tax considerations.

Q

How long does it take to generate a separation agreement?

A

CaseMark produces a complete, customized separation and release agreement in 10-15 minutes. This includes all required sections, legal research citations, and compliance verification—a process that typically takes attorneys 3-4 hours manually.

Q

Does the agreement include non-compete and confidentiality provisions?

A

Yes, CaseMark automatically drafts enforceable non-disparagement, confidentiality, and non-compete clauses tailored to your jurisdiction's standards. The AI ensures restrictive covenants are appropriately scoped and include necessary consideration beyond the separation itself where required.

Q

What if I need to modify the standard template for unique situations?

A

CaseMark generates fully editable documents that serve as comprehensive first drafts. You can easily customize any provision while maintaining the structural integrity and compliance framework, saving hours of initial drafting time.

Q

Are the legal citations and research sources reliable?

A

CaseMark references authoritative sources including EEOC guidelines, state bar associations, official labor department resources, and established legal databases. All citations are verifiable and the AI prioritizes official government and recognized legal authority sources.