New Hampshire Employment Separation Agreement & General Release


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                             This Employment Separation Agreement & General Release is used by a company when
                             terminating an employee. It provides for unemployment insurance benefits and a
                             severance payment to the terminated employee. In exchange, the terminated employee
                             agrees to release the company from any and all claims and actions arising out of his or her
                             employment at the company. This document should be used by companies located in New
                             Hampshire when terminating an employee as a means of protection from future litigation
                             arising out of the employment relationship.

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“Agreement”) is made effective as of ______ [Month] ____ [Date], 20___ [Year], by and
between __________________________ [Instruction: Insert the name of the employee]
hereinafter referred to as the “Employee” and ___________________________ [Instruction:
Insert the name of company] including its members, owners, directors, agents, employees,
attorneys, assigns, and representatives hereinafter referred to as the “Company”.

WHEREAS the Employee has been employed as the _______________________ [Instruction:
Insert the designation of the Employee] from ____ [Month] ___ [Date], 20____ [Year];

WHEREAS the Employee is irrevocably separating from employment with the Company
effective ______ [Month] ____ [Date], 20___ [Year], hereinafter termed as the “Employment
Termination Date”;

WHEREAS it is the desire of the Company and the Employee to set forth herein their mutual
agreement with respect to all matters relating to (i) the Employee’s separation from employment
with the Company; and (ii) the Employee’s release of claims, all set forth herein;

NOW THEREFORE, for and in consideration of the mutual covenant and promises contained
herein, the parties hereby agree to as follows:

   1. Termination of Employee.

       Separation from employment was involuntary, occurring in connection with
       [Instruction: Insert list of reasons, e.g., reduction in workforce brought about by
       economic conditions in the company’s marketplace, etc.] The Company agrees that
       Employee is entitled to receive unemployment insurance benefits as a result of the
       termination. The Company specifically confirms that there was no misconduct on the
       part of the Employee, as the term “Misconduct” is defined for purposes of determining
       eligibility for unemployment insurance benefits. [Optional]

   2. Payment and Other Compensation. On the Employment Termination Date, separately
      from this agreement, the Company has paid to the Employee unconditionally all wages
      earned ________ ($___) [Instruction: Insert the wages earned, e.g., five hundred
      dollars ($500)] through the Employment Termination Date. Those payments were made
      by checks, wire transfer, cash, or direct account deposit, which are separate from the
      severance payment described later in this paragraph. The Employee’s receipt of the
      accrued wages and accrued vacation were not in any way dependent on his/her agreement
      to sign this Agreement in exchange for a severance payment.

   3. Severance Payment. In addition to the foregoing, and in exchange for the mutual
      promises contained in this agreement, the Company agrees to pay to the Employee upon

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       his/her signature of this Agreement, a single severance payment in the gross amount of
       ________ ($___) [Instruction: Insert the wages earned, e.g., five thousand dollars
       ($5,000)]. The Employer will deduct from that gross amount the withholding amounts
       required by state and federal law. As required by law, that amount will be included in the
       Employee’s gross earnings for calendar year 20____ [Instruction: Insert the calendar
       year, e.g., 2010].

   4. General Release. In exchange for the promises of the Company contained in this
      Agreement, the Employee hereby releases, acquits, and forever discharges the Company
      and/or its parent corporation, subsidiaries, divisions, predecessors, successors, and
      assigns, as well as past and present officers, directors, employees, shareholders, trustees,
      joint venturers, partners, and anyone claiming through them herein after termed as the
      “Released Parties” including their agents, employees, officers, and directors from all
      claims, controversies, grievances, disputes, and actions of every kind, known or
      unknown, vested or contingent, past or present, arising out of his employment at the
      Company. This release includes all claims for breach of contract, claims for defamation,
      or for violation of civil rights, claims for harassment, retaliation, and/or discrimination
      under the Civil Rights Act of 1964, the Family & Medical Leave Act, the National Labor
      Relations Act, the Labor Management Relations Act, the Pregnancy Discrimination Act
      and its state counterpart, claims arising through the date hereof under the Age
      Discrimination in Employment Act of 1967 (as amended by the Older Workers Benefit
      Protection Act), and its state counterpart, and claims under any other federal, state, or
      local statute, law, or regulation. The Employee releases the Released Parties from all
      claims related to delivery or non delivery to him/her of any notice required by the
      Consolidated Omnibus Budget Reconciliation Act (COBRA), concerning the Employee's
      right to continued health and/or dental insurance benefits following his or her separation
      from employment with the Company. The payment and compensation amounts set out in
      Paragraph 2, including the severance payment set out in Paragraph 3, are deemed by the
      parties to exceed the amount of wages, salary, regular time pay, commissions, overtime
      pay, premium pay, compensatory time, meal break penalties or wages, rest break penalty
      or wages, penalties concerning the provision or non provision of itemized wage
      statements, retaliation, and waiting time penalties, which are due to the Employee and

   5. Pending and Future Legal or Administrative Actions. The Employee represents that
      there are no actions, whether in court, before any agency, or otherwise, asserting claims
      by or on behalf of Employee against any of the Released Parties, including but not
      limited to, actions that concern allegations based on Employee’s employment with
      Company. Employee agrees to file no action in the future concerning his employment
      with Released Parties, or concerning this agreement.

   6. Defense to Further Action. This Agreement shall constitute a full and complete defense
      to, and may be used as a basis for an injunction against, any action, suit, or other
      proceeding that may be instituted, prosecuted, or attempted by the Employee in breach of
      this Agreement. In the event that the Employee institutes or is a party to any such action,
      that claim shall be dismissed with prejudice and with an award of attorneys' fees and

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       costs to any party incurred as a result of such action, immediately upon presentation of
       this Agreement.

   7. Construction. This Agreement shall be governed by and construed in accordance with
      the laws of the State of New Hampshire.

   8. Entire Agreement. This Agreement constitutes the entire agreement of the parties with
      respect to the subject matter of this Agreement.

   9. Partial Invalidity. If any provision of this Agreement is held by a court of competent
      jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall
      nevertheless continue in full force without being impaired or invalidated in any way.

   10. Execution. This Agreement may be signed in counterparts and on separate signature
       pages. These separate signature pages will become part of the integrated Agreement.
       Where convenient for the parties to do so, the signed signature pages may be facsimile

   11. Thorough Review. Employee hereby acknowledges that he has carefully read all of the
       terms of this Agreement. Employee acknowledges that he had the opportunity (at his own
       expense) to consult counsel in the discussion and negotiation of this settlement agreement
       and either did so or voluntarily declined that opportunity.

The effective date of this Agreement is the date of signature by Employee.

For Company:

_________________________________                      ______ [Month] ___ [Date], 20___ [Year]

[Instruction: Insert the signature of company representative]


Name and Designation

By Employee:

_____________________________                          ______ [Month] ____ [Date], 20___ [Year]

[Instruction: Insert the signature of employee]


Name and Designation

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