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Employee Separation Release

Draft Separation Agreements in Minutes, Not Hours

12 minutes with CaseMark

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12 minutes with CaseMark

What you'll need

  • Employment & Separation Details
  • Existing Employment Agreements

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

Workflow

Overview

CaseMark's Employee Separation and Release Agreement skill drafts comprehensive, U.S.-compliant severance agreements that exchange meaningful consideration for a broad release of employment-related claims. The AI assembles every critical section—from final pay and COBRA provisions to OWBPA/ADEA compliance and post-employment restrictive covenants—so attorneys can deliver polished agreements in a fraction of the usual time.

Drafting employee separation and release agreements is a time-intensive process requiring careful attention to federal and state compliance requirements, particularly OWBPA/ADEA provisions for older workers. Missing a required carve-out, miscalculating a consideration period, or omitting COBRA notice language can expose employers to significant legal liability and invalidate the entire release.

CaseMark automates the drafting of separation and release agreements by assembling all required sections from your factual inputs, applying OWBPA/ADEA compliance rules automatically, and running a built-in checklist to flag gaps before finalization. The result is a polished, review-ready agreement that meets federal and state requirements in minutes instead of hours.

How it works

  1. 1. Upload employment details, existing agreements, and equity plan documents

  2. 2. AI analyzes the facts and assembles a fully structured separation agreement

  3. 3. Review the draft, adjust severance terms, and verify compliance flags

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

What you get

  • Opening and Recitals

  • Separation Terms and Final Pay

  • Return of Company Property

  • Severance Consideration and Benefits

  • Release of Claims with Carve-outs

  • OWBPA/ADEA Compliance Provisions

  • Confidentiality and Post-Employment Obligations

  • General Provisions and Signature Blocks

What it handles

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

  • Comprehensive release of claims with legally required carve-outs

  • COBRA continuation and benefits subsidy provisions

  • Post-employment restrictive covenants and confidentiality clauses

  • Equity and compensation treatment aligned with plan documents

  • Built-in compliance checklist to flag gaps before finalization

Required documents

  • Employment & Separation Details

    Key facts including employer and employee information, separation date, reason for separation, final pay details, and severance terms

    .pdf, .docx, .txt

  • Existing Employment Agreements

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

    .pdf, .docx

Supporting documents

  • Equity Plan Documents

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

    .pdf, .docx

  • OWBPA Group Termination Data

    Decisional unit information, job titles, and ages of selected and non-selected employees for group termination disclosures

    .pdf, .docx, .xlsx

  • Company Property Inventory

    List of company property in the employee's possession requiring return

    .pdf, .docx, .xlsx

Why teams use it

Eliminate hours of manual drafting with AI that assembles fully structured separation agreements from your inputs

Reduce compliance risk with automatic OWBPA/ADEA safeguards, proper consideration periods, and required carve-outs

Ensure consistency across all separation agreements with standardized section ordering and language

Accelerate deal closure by delivering review-ready drafts to clients and opposing counsel faster

Questions

Does this handle OWBPA requirements for employees over 40?

Yes. CaseMark automatically includes ADEA-specific release language, the required 21-day (individual) or 45-day (group) consideration period, and the 7-day revocation period when the employee is 40 or older.

Can I customize the severance package and payment schedule?

Absolutely. CaseMark lets you specify the severance amount, payment method, schedule, and any additional consideration such as benefits subsidies, outplacement services, or equity acceleration.

Does the agreement include post-employment restrictive covenants?

Yes. CaseMark incorporates confidentiality, non-solicitation, and non-compete provisions based on your existing agreements and governing state law requirements.

How does CaseMark handle state-specific requirements?

CaseMark ties final pay, PTO payout, and other separation terms to the applicable state law and allows you to specify the governing law and forum for the agreement.

What claims are carved out from the release?

CaseMark includes legally required carve-outs for non-waivable claims, agency charges, post-signing claims, unemployment benefits, workers' compensation, and indemnification rights.

Can I use this for group terminations and RIFs?

Yes. CaseMark supports group termination scenarios with OWBPA disclosure data requirements, the extended 45-day consideration period, and decisional unit information as required by law.

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