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Confidentiality and Severance Agreement

Draft Compliant Severance Agreements in Minutes, Not Hours

12 minutes with CaseMark

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Confidentiality and Severance Agreement

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Workflow

Confidentiality and Severance Agreement

Overview

Drafting comprehensive severance agreements requires hours of research across multiple legal sources, verification of jurisdiction-specific enforceability rules, and careful attention to evolving compliance requirements like NLRB regulations. Attorneys must manually search for current best practices, cross-reference state laws on restrictive covenants, and ensure release language meets legal standards—all while managing tight deadlines during sensitive employment separations.

Drafting comprehensive severance agreements requires balancing employer protection with legal compliance across multiple jurisdictions. Attorneys must navigate OWBPA requirements, state-specific restrictive covenant laws, and evolving NLRA standards while ensuring every provision is enforceable and tailored to the specific employment relationship.

CaseMark automates the creation of legally sound, jurisdiction-specific confidentiality and severance agreements. Our AI analyzes your employment documents, applies relevant federal and state law requirements, and generates comprehensive agreements with proper OWBPA compliance, enforceable releases, and tailored restrictive covenants.

How it works

  1. 1. Upload your documents

  2. 2. AI analyzes and extracts key information

  3. 3. Review and customize the generated content

  4. 4. Export in your preferred format (DOCX, PDF)

What you get

  • Parties

  • Recitals

  • Severance Payments and Benefits

  • Release of Claims

  • Confidentiality Obligations

  • Non-Disparagement

  • Non-Compete and Non-Solicitation

  • Governing Law and Dispute Resolution

  • Entire Agreement and Severability

  • Signatures

What it handles

  • Parties

  • Recitals

  • Severance Payments and Benefits

  • Release of Claims

  • Confidentiality Obligations

  • Non-Disparagement

  • Non-Compete and Non-Solicitation

  • Governing Law and Dispute Resolution

  • Entire Agreement and Severability

  • Signatures

Required documents

  • Employee Information

    Employee's full legal name, position, hire date, termination date, salary, and compensation details

    .pdf, .docx, .txt

  • Employment Agreement or Offer Letter

    Original employment contract, offer letter, or any existing confidentiality/non-compete agreements

    .pdf, .docx

Supporting documents

  • Company Severance Policy

    Standard severance policies, employee handbook provisions, or past practice documentation

    .pdf, .docx

  • Performance Documentation

    Performance reviews, disciplinary records, or documentation of separation circumstances

    .pdf, .docx, .txt

  • Benefits and Equity Information

    Details of stock options, RSUs, bonus structures, PTO balances, and benefits enrollment

    .pdf, .xlsx, .docx

  • Prior Agreements

    Existing proprietary information agreements, invention assignment agreements, or restrictive covenants

    .pdf, .docx

Why teams use it

Generate complete severance agreements in 12 minutes vs. 4.5 hours manually

Automatic compliance verification with NLRB rules and state-specific employment laws

AI-powered extraction of relevant facts from employment records and termination documents

Built-in legal research with citations from verified sources like bar associations and legal databases

Jurisdiction-specific enforceability guidance for non-compete and non-solicitation clauses

Questions

How does CaseMark ensure OWBPA compliance for employees over 40?

CaseMark automatically incorporates all Older Workers Benefit Protection Act requirements when the employee is age 40 or older. This includes specific ADEA waiver language, advisement to consult an attorney, the appropriate 21-day or 45-day consideration period based on whether it's an individual or group termination, and clear explanation of the 7-day revocation right with proper execution instructions.

Can the tool adapt restrictive covenants based on state law?

Yes, CaseMark tailors non-compete and non-solicitation provisions to the specific jurisdiction where the employee worked and resides. The system applies state-specific enforceability standards, adjusts temporal and geographic scope accordingly, and excludes or modifies restrictive covenants in states like California where they are largely unenforceable. It also addresses whether separate consideration is required beyond the severance payment.

What happens if I don't have all the employee information available?

CaseMark can work with partial information and will flag missing details that are critical for a complete agreement. The system will generate bracketed placeholders for missing information like specific compensation amounts, equity details, or benefits continuation terms, allowing you to complete these sections once the information becomes available while still producing a comprehensive draft structure.

Does the agreement include required notices under the Defend Trade Secrets Act?

Yes, every agreement generated by CaseMark includes the verbatim whistleblower immunity notice required under the Defend Trade Secrets Act of 2016. This notice informs employees of their right to confidentially disclose trade secrets to government officials or attorneys for the purpose of reporting suspected legal violations, ensuring compliance and avoiding potential penalties for omission.

How does CaseMark handle severance calculations and payment structures?

CaseMark structures severance payments based on the information you provide about the employee's compensation, tenure, and your company's policies. The system calculates prorated bonuses, accrued PTO in accordance with state law requirements, addresses equity compensation treatment, and specifies payment timing, tax withholding, and contingencies. You can customize whether payments are lump sum or installments and set appropriate clawback provisions for breach.

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