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Employee Separation Release

Draft Separation Agreements in Minutes, Not Hours

12 minutes with CaseMark

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Employee Separation Release

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Workflow

Employee Separation Release

Overview

CaseMark's Employee Separation and Release Agreement skill automates the drafting of comprehensive, U.S.-compliant severance agreements that exchange meaningful consideration for a broad release of employment-related claims. The AI handles complex compliance requirements including OWBPA/ADEA provisions, COBRA terms, and state-specific obligations while producing a polished, ready-to-review agreement.

Drafting employee separation and release agreements is a high-stakes, time-intensive process that requires navigating federal and state employment laws, OWBPA/ADEA compliance for older workers, COBRA requirements, and complex post-employment obligations. A single oversight—a missing revocation period, an improperly broad release, or a failure to carve out non-waivable rights—can render the entire agreement unenforceable and expose the employer to significant liability.

CaseMark automates the entire separation agreement drafting process, from building a comprehensive fact sheet to assembling every required section in proper order with full compliance checks. The AI ensures OWBPA/ADEA requirements are met, carve-outs are properly included, consideration exceeds existing entitlements, and state-specific obligations are addressed—delivering an enforceable, professional agreement ready for review in minutes.

How it works

  1. 1. Upload employment records, existing agreements, and proposed severance terms

  2. 2. AI analyzes the details and builds a comprehensive fact sheet, flagging any missing information

  3. 3. Review the fully drafted separation agreement with OWBPA compliance and all required provisions

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

What you get

  • Opening Recitals and Separation Terms

  • Severance Consideration and Benefits Provisions

  • Comprehensive Release of Claims with Carve-Outs

  • OWBPA/ADEA Compliance Provisions

  • Confidentiality and Post-Employment Obligations

  • Return of Property and Access Revocation Terms

  • Signature Blocks with Consideration and Revocation Periods

What it handles

  • OWBPA/ADEA-compliant release language with proper consideration and revocation periods

  • Comprehensive claim release with legally required carve-outs and non-waivable rights

  • COBRA continuation and benefits subsidy terms automatically structured

  • Confidentiality, non-compete, and post-employment obligation clauses

  • Equity treatment provisions for options, RSUs, and restricted units

  • Built-in compliance checklist to flag gaps before finalization

Required documents

  • Employment Records

    Employee details including name, title, start date, separation date, compensation information, and reason for separation

    .pdf, .docx, .txt

  • Existing Employment Agreements

    Current confidentiality, non-compete, non-solicitation, IP assignment, or arbitration agreements with the employee

    .pdf, .docx

  • Severance Terms Summary

    Proposed severance amount, payment schedule, benefits continuation terms, and any additional consideration

    .pdf, .docx, .txt

Supporting documents

  • Equity Plan Documents

    Stock option, RSU, or equity incentive plan documents governing the employee's equity awards

    .pdf, .docx

  • OWBPA Group Disclosure Data

    Job titles, ages, and selection criteria for group termination OWBPA disclosure requirements

    .pdf, .docx, .xlsx

  • Pending Claims or Disputes

    Documentation of any pending employment claims, complaints, or disputed issues to be addressed in the release

    .pdf, .docx

Why teams use it

Eliminate hours of manual drafting with AI that structures every required section from recitals through signature blocks

Reduce compliance risk with automatic OWBPA/ADEA checks, proper consideration periods, and legally mandated carve-outs

Ensure enforceability by verifying that severance consideration exceeds existing entitlements and all required disclosures are included

Maintain consistency across your organization's separation agreements while customizing terms for each individual situation

Questions

Does the agreement comply with OWBPA and ADEA requirements for employees over 40?

Yes. CaseMark automatically includes ADEA-specific release language, the required 21-day (individual) or 45-day (group termination) consideration period, and the 7-day revocation period mandated by the Older Workers Benefit Protection Act.

How does CaseMark handle state-specific employment law requirements?

CaseMark tailors final wage payment terms, PTO payout obligations, and non-compete enforceability provisions based on the governing state law you specify. The AI flags state-specific requirements that may affect the agreement's enforceability.

Can I customize the severance consideration and payment schedule?

Absolutely. CaseMark allows you to specify lump-sum or installment payments, benefits subsidies, outplacement services, equity treatment, and any other consideration. The AI ensures the consideration exceeds existing entitlements as required for an enforceable release.

What claim carve-outs are included in the release?

CaseMark automatically includes legally required carve-outs for non-waivable claims, the right to file agency charges, workers' compensation benefits, unemployment insurance, vested benefits, and indemnification rights. These protect both parties and ensure enforceability.

Can I incorporate existing non-compete and confidentiality agreements?

Yes. Upload existing employment agreements and CaseMark will reference, reaffirm, or modify surviving post-employment obligations including confidentiality, non-solicitation, non-competition, and intellectual property assignment provisions.

How long does it take to generate a complete separation agreement?

CaseMark typically generates a comprehensive, compliance-checked separation and release agreement in approximately 10-12 minutes. You can then review, customize, and export the final document immediately.

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