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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
  • Proposed Severance Terms

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

Workflow

Overview

CaseMark's Separation Agreement skill automates the drafting of employer-side Employee Separation and Release Agreements, complete with severance terms, comprehensive releases, ADEA/OWBPA compliance provisions, restrictive covenants, and cooperation clauses. Powered by AI trained on employment law best practices, it produces jurisdiction-aware agreements in a fraction of the time manual drafting requires.

Drafting separation agreements manually is time-intensive and error-prone. Employment attorneys must track evolving federal and state requirements, ensure ADEA/OWBPA compliance for older workers, tailor restrictive covenants to specific jurisdictions, and coordinate severance terms across multiple stakeholders—all while managing tight timelines driven by business needs and employee relations concerns.

CaseMark automates the entire separation agreement drafting process. By ingesting employee details, existing agreements, and proposed severance terms, the AI generates a comprehensive, jurisdiction-aware agreement with compliant release language, properly scoped covenants, and detailed severance provisions—ready for attorney review and finalization in minutes rather than hours.

How it works

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

  2. 2. AI drafts a complete separation agreement with jurisdiction-specific provisions

  3. 3. Review and customize release language, covenants, and severance structure

  4. 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-Solicitation

  • Cooperation, Non-Disparagement, and Confidentiality Clauses

  • Signature Blocks and Revocation Period Notice

What it handles

  • Comprehensive severance terms with lump sum or installment scheduling

  • ADEA/OWBPA-compliant release language with required waiting and revocation periods

  • Jurisdiction-specific restrictive covenants including non-compete and non-solicitation

  • General release of claims covering federal and state employment statutes

  • Post-employment cooperation and non-disparagement clauses

  • Tax withholding and benefits cessation provisions

Required documents

  • Employee Details and Compensation Data

    Employee name, title, hire date, separation date, salary, accrued PTO, bonuses, commissions, equity details, and age (for ADEA applicability)

    .pdf, .docx, .xlsx

  • Existing Employment Agreements

    Offer letters, employment contracts, invention assignment agreements, and any prior restrictive covenant agreements

    .pdf, .docx

  • Proposed Severance Terms

    Severance amount and payment schedule, COBRA subsidy details, outplacement services, equity treatment, and any other proposed consideration

    .pdf, .docx

Supporting documents

  • Company Separation Policy

    Internal policies governing separation procedures, standard severance formulas, and approval requirements

    .pdf, .docx

  • Prior Separation Agreement Templates

    Previously used separation agreements for style and provision consistency

    .pdf, .docx

Why teams use it

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

Ensure ADEA/OWBPA compliance with automatically included consideration periods and advisement language

Generate jurisdiction-specific restrictive covenants calibrated to state enforceability standards

Produce consistent, professionally structured agreements that reduce revision cycles and accelerate execution

Questions

Does CaseMark handle ADEA/OWBPA compliance for employees over 40?

Yes. CaseMark automatically includes the required ADEA/OWBPA provisions, including the 21-day consideration period (or 45 days for group terminations), 7-day revocation period, and the advisement to consult an attorney. These statutory requirements are built into every agreement where applicable.

Can I customize the restrictive covenants for my jurisdiction?

Absolutely. CaseMark tailors non-compete, non-solicitation, and confidentiality covenants based on the governing jurisdiction you specify. You can further adjust scope, duration, and geographic limitations to align with state-specific enforceability standards.

What types of claims does the release cover?

CaseMark drafts a comprehensive general release covering Title VII, ADA, ADEA, GINA, FMLA, FLSA, WARN Act, ERISA (to the extent waivable), and applicable state wage/hour and anti-discrimination statutes. You can add or remove specific claims as needed.

Can I structure severance as installments instead of a lump sum?

Yes. CaseMark supports both lump-sum and installment severance structures, including COBRA subsidies, outplacement services, and equity treatment provisions. You specify the terms and the AI drafts the appropriate payment language.

Is the generated agreement ready to execute as-is?

CaseMark produces a thorough, professionally drafted agreement that serves as a strong starting point. We recommend attorney review before execution to ensure alignment with your organization's specific policies, any unique factual circumstances, and the latest developments in your jurisdiction's law.

How does CaseMark handle multi-state employment situations?

You specify the governing jurisdiction, and CaseMark applies the relevant state law requirements for covenant enforceability, PTO payout mandates, and release provisions. For multi-state considerations, you can note additional jurisdictions for the AI to address in the agreement.

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