Confidentiality Severance Agreement

Draft Severance & Confidentiality Agreements in Minutes

12 minutes with CaseMark

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12 minutes with CaseMark

What you'll need

Employee Separation Details
Compensation and Benefits Summary

SOC 2 Type II · HIPAA compliant · $5 free credit

Workflow

Overview

CaseMark's Confidentiality and Severance Agreement skill drafts comprehensive U.S. employment separation agreements that combine severance compensation, broad claim releases, confidentiality obligations, and post-employment restrictive covenants into a single enforceable document. The AI handles complex compliance requirements including OWBPA timing for older workers, DTSA whistleblower notices, and jurisdiction-specific non-compete enforceability analysis.

Drafting severance and confidentiality agreements manually requires navigating a patchwork of federal and state requirements — OWBPA timing rules, DTSA notice mandates, varying state non-compete enforceability, and protected-activity carve-outs. A single oversight can render a release unenforceable or expose the company to significant liability. The process typically takes hours of attorney time per agreement, with substantial risk of inconsistency across terminations.

CaseMark automates the drafting of comprehensive severance agreements by analyzing employee details, compensation terms, and jurisdictional requirements to produce a complete, enforceable document. The AI ensures compliance with OWBPA, DTSA, and state-specific restrictions while allowing attorneys to review and customize every provision, dramatically reducing drafting time and eliminating common compliance gaps.

How it works

1. Upload employee details, compensation terms, and existing employment agreements
2. AI analyzes jurisdiction-specific requirements and drafts a comprehensive severance agreement
3. Review and customize each section including releases, covenants, and confidentiality terms
4. Export the finalized agreement in your preferred format (DOCX, PDF)

What you get

Parties, Dates, and Recitals
Severance Mechanics and Compensation Schedule
Release of Claims with OWBPA Compliance
Confidentiality and DTSA Notice Provisions
Non-Disparagement Clauses
Restrictive Covenants (Non-Compete/Non-Solicit)
Dispute Resolution and Enforcement Architecture
General Provisions and Execution Blocks

What it handles

Complete severance package structuring with tax and benefit continuation provisions
Broad claim release drafting with ADEA/OWBPA timing compliance for 40+ employees
Jurisdiction-aware non-compete and non-solicit covenant tailoring with reformation clauses
DTSA-compliant confidentiality provisions with statutory exception carve-outs
Mutual non-disparagement clauses with protected-activity savings language
Dispute resolution architecture including arbitration, forum selection, and equitable relief

Required documents

Employee Separation Details
Employee information including name, position, tenure, age, separation date, work location, and domicile state
.pdf, .docx, .txt
Compensation and Benefits Summary
Current salary, bonus structure, PTO balance, equity holdings, benefits enrollment, and proposed severance terms
.pdf, .docx, .xlsx

Supporting documents

Existing Employment Agreements
Prior offer letters, non-compete agreements, confidentiality agreements, and IP assignment agreements
.pdf, .docx
Company Policies and Handbooks
Employee handbook, termination policies, equity plan documents, and benefit plan summaries
.pdf, .docx
Prior Severance Agreement Templates
Previously used severance agreement templates for consistency and organizational standards
.pdf, .docx

Why teams use it

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

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

Minimize litigation risk with properly scoped releases, carve-outs, and reformation clauses

Standardize severance agreements across your organization while retaining flexibility for individual circumstances

Questions

Does CaseMark 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-of-counsel notice when the employee is 40 or older.

How does the tool handle varying state non-compete laws?

CaseMark tailors restrictive covenants based on the employee's jurisdiction and role. It flags states with non-compete bans or significant restrictions, includes reformation and severability clauses, and only drafts non-compete provisions where they are legally supportable.

Can I customize the severance payment structure?

Absolutely. CaseMark supports lump-sum payments, installment schedules, benefit continuation (COBRA subsidies), equity treatment, PTO payouts, and other compensation structures. You can adjust every financial term before finalizing the agreement.

Does the agreement include required DTSA whistleblower immunity notices?

Yes. CaseMark automatically includes the Defend Trade Secrets Act immunity notice required in all confidentiality provisions, along with carve-outs for protected disclosures to government agencies and in court filings.

What types of claims are covered in the release?

CaseMark drafts a broad release covering federal, state, and local claims including Title VII, ADA, ADEA, FMLA, and state equivalents, while preserving carve-outs for non-waivable statutory rights such as workers' compensation, unemployment benefits, and EEOC charge filing rights.

Can I use this for group layoffs or RIF situations?

Yes. CaseMark can adapt the agreement for reduction-in-force scenarios, including the extended 45-day OWBPA consideration period and required disclosure of decisional unit information and eligibility criteria for group termination programs.