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 Indiana when terminating an employee as a means of protection from future litigation arising out of the employment relationship.
Docstoc Legal Agreements 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 Indiana when terminating an employee as a means of protection from future litigation arising out of the employment relationship. ® DISCLAIMERS: ALL INFORMATION AND FORMS ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS, IMPLIED, OR OTHERWISE, INCLUDING AS TO THEIR LEGAL EFFECT AND COMPLETENESS. They are for general guidance and should be modified by you o r your attorney to meet your specific needs and the laws of your state. Use at your own risk. 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All Rights Reserved EMPLOYMENT SEPARATION AGREEMENT & GENERAL RELEASE THIS EMPLOYMENT SEPARATION AGREEMENT (hereinafter referred to as “Agreement”) is made effective as of ______ [Month] ____ [Date], 20___ [Year], by and between __________________________ [Instruction: Insert the name of the employee] herein after 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 © Copyright 2011 Docstoc Inc. registered document proprietary, copy not 2 termination. Company specifically confirms that there was no misconduct on the part of Employee, as the term “Misconduct” is defined for purposes of determining eligibility for unemployment insurance benefits. [Optional] 2. Payment and Other Compensation. On Employment Termination Date, separately from this agreement, the Company has paid to Employee unconditionally all wages earned ________ ($___) [Instruction: Insert the wages earned, e.g., Five hundred dollars only ($500)] through Employment Termination Date. Those payments were made by checks, wire transfer, cash, or direct account deposit, which are separate from the severance payment described later in this paragraph. Employee’s receipt of the accrued wages and accrued vacation were not in any way dependent on his Agreement to sign this Agreement in exchange for a severance payment. 3. Severance Payment. In addition to the foregoing, and in exchange for the mutual promises contained in this agreement, Company agrees to pay to Employee upon his signature of this Agreement a single severance payment in the gross amount of ________ ($___) [Instruction: Insert the wages earned E.g., five thousand dollars only ($5,000)]. 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 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 Company contained in this Agreement, 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 ventures, 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 Company. This release includes all claims for breach of contract, claims for defamation, © Copyright 2011 Docstoc Inc. registered document proprietary, copy not 3 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. Employee releases 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 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 Employee and unpaid. 5. Pending and Future Legal or Administrative Actions. 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 which may be instituted, prosecuted, or attempted by Employee in breach of this Agreement. In the event that 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 costs to © Copyright 2011 Docstoc Inc. registered document proprietary, copy not 4 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 Indiana. 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 transmissions. 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. © Copyright 2011 Docstoc Inc. registered document proprietary, copy not 5 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 © Copyright 2011 Docstoc Inc. registered document proprietary, copy not 6 © Copyright 2011 Docstoc Inc. registered document proprietary, copy not 7
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