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Confidentiality Severance Agreement

Draft Severance & Confidentiality Agreements in Minutes

12 minutes with CaseMark

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Confidentiality Severance Agreement

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Confidentiality Severance Agreement

Overview

CaseMark's Confidentiality and Severance Agreement skill automates the drafting of comprehensive U.S. employment separation agreements that combine severance compensation, broad claim releases, confidentiality obligations, and post-employment restrictive covenants. The AI produces jurisdiction-aware agreements with built-in compliance for OWBPA timing requirements, DTSA whistleblower notices, and state-specific non-compete restrictions.

Drafting severance and confidentiality agreements is one of the most detail-intensive tasks in employment law. Each agreement must navigate a patchwork of federal requirements like OWBPA and DTSA, state-specific non-compete restrictions, and evolving case law on release enforceability. A single omission — a missing revocation period, an overbroad non-compete, or a forgotten statutory carve-out — can render critical provisions unenforceable and expose the employer to significant liability.

CaseMark automates the entire drafting process by generating comprehensive, jurisdiction-aware severance agreements that incorporate all required compliance provisions from the start. The AI handles OWBPA timing, DTSA notices, state non-compete analysis, and protected-activity carve-outs automatically, producing a polished draft that attorneys can review and customize rather than build from scratch.

How it works

  1. 1. Upload employee details, existing employment agreements, and severance terms

  2. 2. AI drafts a jurisdiction-aware agreement with all required sections and compliance provisions

  3. 3. Review and customize restrictive covenants, release language, and compensation terms

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

What you get

  • Parties, Dates & Recitals

  • Severance Mechanics & Compensation Schedule

  • Release of Claims with OWBPA Compliance

  • Confidentiality & DTSA Notice Provisions

  • Non-Disparagement Clauses

  • Restrictive Covenants (Non-Compete/Non-Solicit)

  • Dispute Resolution & Enforcement Architecture

  • Execution & Revocation Provisions

What it handles

  • Complete severance mechanics with tax withholding and benefit continuation

  • Broad claim release with ADEA/OWBPA compliance and protected-disclosure carve-outs

  • Jurisdiction-aware non-compete and non-solicit restrictive covenants

  • DTSA-compliant confidentiality provisions with statutory exception language

  • Mutual non-disparagement clauses with protected-activity savings

  • Dispute resolution architecture with arbitration and equitable relief carve-outs

Required documents

  • Employee Separation Details

    Employee information including legal name, position, tenure, age, start and separation dates, work location, and domicile state

    .pdf, .docx, .txt

  • Compensation & Benefits Summary

    Current salary, bonus structure, PTO balance, equity holdings, benefits enrollment, and proposed severance terms

    .pdf, .docx, .xlsx

  • Existing Employment Agreements

    Offer letter, prior non-compete or confidentiality agreements, IP assignment agreements, and any existing restrictive covenants

    .pdf, .docx

Supporting documents

  • Employee Handbook & Policies

    Company handbook, termination policies, and internal separation procedures

    .pdf, .docx

  • Equity & Benefit Plan Documents

    Stock option agreements, RSU plans, retirement plan summaries, and COBRA information

    .pdf, .docx

  • Prior Dispute or Claim Records

    Any pending complaints, grievances, or prior claims that should be addressed in the release

    .pdf, .docx

Why teams use it

Reduce agreement drafting time from hours to minutes while maintaining legal rigor and enforceability

Ensure automatic compliance with OWBPA, DTSA, and state-specific employment law requirements

Generate jurisdiction-tailored restrictive covenants that reflect current enforceability standards

Produce consistent, comprehensive agreements that minimize the risk of missing critical provisions

Questions

Does the agreement handle OWBPA requirements for employees over 40?

Yes. CaseMark automatically incorporates ADEA/OWBPA-compliant language including the required 21-day consideration period (or 45 days for group terminations), 7-day revocation window, and advisement to consult an attorney. These provisions are triggered based on the employee's age information you provide.

How does CaseMark handle varying state non-compete laws?

CaseMark tailors restrictive covenant provisions based on the employee's jurisdiction and role. In states that ban or heavily restrict non-competes, the AI will flag the limitation and adjust accordingly, focusing on enforceable non-solicit or confidentiality alternatives. Reformation and severability clauses are included for additional protection.

Does the agreement include the required DTSA whistleblower notice?

Yes. CaseMark automatically includes the Defend Trade Secrets Act immunity notice required under 18 U.S.C. § 1833(b), along with statutory exceptions for protected disclosures to government agencies and in court filings. This ensures your confidentiality provisions comply with federal requirements.

Can I customize the severance payment structure and benefits continuation?

Absolutely. CaseMark drafts flexible severance mechanics covering lump-sum or installment payments, tax withholding, COBRA continuation, equity treatment, PTO payouts, and bonus obligations. You can review and adjust every term before finalizing the agreement.

What claims are covered in the release, and what carve-outs are included?

CaseMark drafts a broad release covering federal and state employment claims, including Title VII, ADA, FMLA, and state equivalents, while preserving legally required carve-outs such as workers' compensation rights, unemployment benefits, vested retirement benefits, and the right to file charges with government agencies.

Is the generated agreement ready to use as-is?

CaseMark produces a comprehensive, jurisdiction-aware draft that follows best practices for enforceability. However, we recommend attorney review before execution, particularly for high-value separations, executive agreements, or jurisdictions with rapidly evolving employment law.

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