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Employee Separation & Non-Disparagement Agreement
Protect your company’s reputation and ensure a smooth transition with this Employee Separation & Non-Disparagement Agreement Template.
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Employee Separation & Non-Disparagement Agreement Template
This Employee Separation & Non-Disparagement Agreement (“Agreement”) is made and entered into on [Date], by and between:
Employer:
Name: __________________________
Company: __________________________
Address: __________________________
Employee:
Name: __________________________
Address: __________________________
Together referred to as the “Parties.”
1. Termination of Employment
The Employee’s employment with the Employer shall terminate effective [Termination Date]. The Employee acknowledges receipt of all wages, salary, and benefits up to this date.
2. Final Compensation and Severance
The Employer agrees to provide the Employee with:
Final paycheck covering all earned wages through the termination date.
Severance pay in the amount of $[Amount], if applicable, paid in accordance with the company’s policies.
3. Return of Company Property
The Employee agrees to return all company-owned property, including laptops, access cards, documents, and intellectual property, by [Return Date].
4. Confidentiality
The Employee shall maintain the confidentiality of all proprietary and sensitive information obtained during employment, even after termination.
5. Non-Disparagement
The Employee agrees not to make any statements, whether written or verbal, that would harm the Employer’s reputation, employees, or clients.
The Employer likewise agrees not to disparage the Employee.
This clause does not prevent either Party from complying with legal obligations, such as reporting to regulatory authorities.
6. Release of Claims
In exchange for the benefits provided under this Agreement, the Employee releases the Employer from any claims, disputes, or legal actions arising from their employment or separation, except as prohibited by law.
7. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of [State/Country].
8. Entire Agreement
This document represents the complete understanding between the Parties and supersedes all prior agreements regarding the Employee’s separation.
9. Signatures
Employer Signature: __________________________ Date: _________
Printed Name & Title: __________________________
Employee Signature: __________________________ Date: _________
Printed Name: __________________________
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Employee Separation & Non-Disparagement Agreement
Employee Separation & Non-Disparagement Agreement
Employee Separation & Non-Disparagement Agreement
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Employee Separation & Non-Disparagement Agreement
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For quick answers, scroll below to see the FAQ.
Click below for detailed info on the template.
For quick answers, scroll below to see the FAQ.
EMPLOYEE SEPARATION & NON-DISPARAGEMENT AGREEMENT FAQ
What is an Employee Separation & Non-Disparagement Agreement?
It is a legal contract between an employer and a departing employee that sets out the terms of separation, including final pay, benefits, and an agreement not to make harmful or negative statements about each other.
Why is this agreement important?
It protects the employer’s reputation and minimizes future disputes. It also ensures the employee understands their rights and obligations, creating a clear record of the separation terms.
When should you use this agreement?
Use it whenever an employee is leaving the company—whether voluntarily or involuntarily—especially in sensitive situations where reputational harm or legal claims are possible.
What should it include?
It should specify termination details, severance payments, confidentiality, non-disparagement clauses, return of company property, and a release of claims.
Is a non-disparagement clause enforceable?
Yes, but enforceability varies by jurisdiction. The clause must be reasonable and not infringe on legal rights, such as whistleblower protections.
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