If you`re a California employer who needs to separate an employee, it`s important to have an employment separation agreement in place to protect both parties. This agreement will outline the terms and conditions of the separation, including any severance pay, benefits continuation, and confidentiality clauses.

To help you create a comprehensive employment separation agreement, we`ve compiled this template, which you can customize to fit your specific needs.

Introduction

This agreement (« Agreement ») is made between [Employer Name] (« Employer ») and [Employee Name] (« Employee ») [on the [date of separation]. The purpose of this Agreement is to formalize the terms of Employee`s separation from the Employer.

Severance Pay

Employee will receive [insert amount or formula for calculating severance pay] in severance pay, less applicable taxes and withholdings. This severance pay is contingent upon Employee signing and returning this Agreement to Employer by [date].

Benefits Continuation

Employee`s benefits will continue according to the Employer`s policies through [insert date of benefits end] or until Employee obtains new employment, whichever occurs first.

Confidentiality

Employee agrees to maintain the confidentiality of Employer`s trade secrets, confidential information, and proprietary information. This includes agreeing not to disclose any such information to third parties without the express written consent of the Employer.

Release of Claims

In exchange for the severance pay provided for in this Agreement, Employee agrees to release and waive any claims or causes of action, known or unknown, against Employer or any of its officers, directors, agents, or employees arising out of Employee`s employment or separation from employment.

Non-Disparagement

Employee agrees not to make any disparaging remarks about Employer, its officers, directors, agents, or employees, whether in writing or verbally, to any third party. Employer agrees to take reasonable steps to prevent its officers, directors, agents, or employees from making any disparaging remarks about Employee.

Governing Law and Agreement

This Agreement shall be governed by and construed in accordance with the laws of the State of California. This Agreement represents the entire agreement between the parties and supersedes all prior negotiations, representations, and agreements, whether written or oral.

Conclusion

This employment separation agreement template for California employers is a starting point for creating a comprehensive and legally binding agreement to protect both parties during an employee separation. Always consult with a qualified attorney to ensure that your agreement complies with all applicable laws and regulations.