Separation Agreement

Draft Separation Agreements in Minutes, Not Hours

12 minutes with CaseMark

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12 minutes with CaseMark

What you'll need

Employee Details and Compensation Data
Existing Employment Agreements
Severance Terms Summary

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

Workflow

Overview

CaseMark's Separation Agreement skill drafts comprehensive employer-side Employee Separation and Release Agreements complete with severance terms, general releases, ADEA/OWBPA compliance provisions, restrictive covenants, and cooperation clauses. The AI tailors every section to your governing jurisdiction and the specific circumstances of the departing employee, producing a polished agreement ready for attorney review.

Drafting separation agreements manually is time-intensive and error-prone. Attorneys must navigate a complex web of federal and state requirements—ADEA/OWBPA waiting periods, state-specific PTO payout rules, enforceable non-compete standards—while ensuring no critical provision is overlooked. A single compliance gap can expose the employer to significant liability.

CaseMark automates the drafting of employer-side separation agreements by combining your employee data, existing agreements, and desired severance terms into a comprehensive, jurisdiction-tailored document. The AI ensures ADEA/OWBPA compliance, includes appropriate restrictive covenants, and produces a complete agreement ready for final attorney review and execution.

How it works

1. Upload employee details, existing agreements, and desired severance terms
2. AI drafts a complete separation agreement tailored to your jurisdiction and employee profile
3. Review ADEA/OWBPA compliance, release language, and restrictive covenants
4. Export the finalized agreement in your preferred format (DOCX, PDF)

What you get

Opening and Recitals
Separation Terms and Final Compensation
Consideration and Severance Package
Release of Claims with ADEA/OWBPA Compliance
Restrictive Covenants and Non-Compete Provisions
Cooperation and Non-Disparagement Clauses
Execution and Acknowledgment Provisions

What it handles

Comprehensive severance terms with lump-sum and installment options
ADEA/OWBPA-compliant release language with required waiting periods
Jurisdiction-specific restrictive covenants and non-compete clauses
General release of claims covering federal and state statutes
Post-employment cooperation and non-disparagement provisions
Tax withholding and COBRA subsidy provisions

Required documents

Employee Details and Compensation Data
Employee name, title, hire date, separation date, salary, accrued PTO, bonuses, commissions, and equity information
.pdf, .docx, .xlsx
Existing Employment Agreements
Offer letters, employment contracts, invention assignments, and any prior restrictive covenant agreements
.pdf, .docx
Severance Terms Summary
Desired severance amount, payment schedule, COBRA subsidy details, outplacement services, and equity treatment
.pdf, .docx

Supporting documents

Company Separation Policy
Internal policies governing severance calculations, benefits continuation, and standard separation procedures
.pdf, .docx
Equity Plan Documents
Stock option or RSU plan documents detailing vesting schedules, acceleration provisions, and post-termination exercise windows
.pdf, .docx

Why teams use it

Reduce drafting time from hours to minutes while maintaining thorough legal coverage

Ensure ADEA/OWBPA compliance with automatically included consideration and revocation periods

Generate jurisdiction-specific restrictive covenants with enforceable scope and duration

Produce consistent, comprehensive agreements that cover all critical separation terms

Questions

Does the agreement include ADEA/OWBPA compliance for employees over 40?

Yes. CaseMark automatically includes the required 21-day consideration period (or 45 days for group terminations), 7-day revocation period, and all OWBPA-mandated disclosures when the departing employee is 40 or older.

Can I customize the severance payment structure?

Absolutely. CaseMark supports lump-sum payments, installment schedules, COBRA subsidies, outplacement services, and equity acceleration provisions. You specify the terms and the AI drafts the appropriate language.

Does the agreement account for state-specific requirements?

Yes. CaseMark tailors restrictive covenants, PTO payout obligations, and release enforceability provisions to the governing jurisdiction you specify, helping ensure compliance with applicable state law.

What types of claims does the general release cover?

The generated release covers a comprehensive range of federal and state claims including Title VII, ADA, ADEA, FMLA, FLSA, WARN Act, ERISA (to the extent waivable), state anti-discrimination statutes, and breach of contract claims.

Can I include non-compete and non-solicitation clauses?

Yes. CaseMark drafts jurisdiction-appropriate restrictive covenants including non-competition, non-solicitation of employees and clients, and confidentiality obligations with reasonable scope, duration, and geographic limitations.

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

CaseMark typically generates a comprehensive, ready-to-review separation agreement in approximately 10-12 minutes, compared to the hours typically required for manual drafting and compliance review.