Minnesota 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
                             Minnesota when terminating an employee as a means of protection from future litigation
                             arising out of the employment relationship.
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        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 termination. Company specifically confirms that there was no misconduct



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       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,
       or for violation of civil rights, claims for harassment, retaliation, and/or discrimination



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       under the Civil Rights Act of 1964, the Family & Medical Leave Act and its state
       counterpart Minnesota Family and Medical Leave laws under Chapter 181 of the
       Minnesota Code, 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




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       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 Minnesota.


   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.




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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




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Description: 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 Minnesota when terminating an employee as a means of protection from future litigation arising out of the employment relationship.
This document is also part of a package Essential Minnesota Legal Documents 144 Documents Included