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Employee Resignation Agreement Template for United States

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Key Requirements PROMPT example:

Employee Resignation Agreement

"I need an Employee Resignation Agreement for a senior software developer who is leaving amicably to join a competitor, with standard non-compete provisions and an agreement to provide two weeks of transition support starting January 15, 2025."

Document background
The Employee Resignation Agreement serves as a crucial document when an employee voluntarily decides to end their employment relationship. Used across the United States, this agreement protects both employer and employee interests by clearly documenting the terms of separation, including final compensation, benefit arrangements, and ongoing obligations. It ensures compliance with federal and state employment laws while providing a clear framework for the transition. The agreement typically includes provisions for confidentiality, non-disparagement, and release of claims, helping to minimize potential future disputes and providing clarity on post-employment obligations.
Suggested Sections

1. Parties: Identifies the employer and employee entering into the agreement

2. Background: States the context of the resignation and the parties' intention to document terms

3. Definitions: Defines key terms used throughout the agreement

4. Effective Date of Resignation: Specifies the official date of employment termination

5. Final Compensation: Details final salary, benefits, and other compensation arrangements

6. Return of Company Property: Obligations regarding return of company assets and materials

7. Continuing Obligations: Ongoing duties regarding confidentiality and intellectual property

8. General Release: Mutual release of claims between parties

Optional Sections

1. Severance Payment: Terms of any additional compensation beyond final wages

2. Non-Compete Provisions: Post-employment competition restrictions applicable in certain jurisdictions

3. Reference Agreement: Terms for future employment references and communications about employment

4. Transition Assistance: Employee's role in knowledge transfer and handover period

5. Non-Disparagement: Mutual agreements not to make negative statements about either party

Suggested Schedules

1. Schedule A - Company Property Checklist: Itemized list of company assets to be returned

2. Schedule B - Final Compensation Breakdown: Detailed calculation of final payments including salary, benefits, and deductions

3. Schedule C - Benefit Continuation Notice: COBRA and other benefits information post-employment

4. Schedule D - Confidential Information Definition: Detailed scope of confidential information to be protected

5. Appendix 1 - Release of Claims: Detailed release language as required by state and federal law

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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Industries

Fair Labor Standards Act (FLSA): Federal law governing final wage payment requirements and overtime compensation settlement

Age Discrimination in Employment Act (ADEA): Federal law requiring specific consideration periods for age discrimination claims (21 days for individuals, 45 days for group terminations) and establishing requirements for valid release of claims

Employee Retirement Income Security Act (ERISA): Federal law governing benefits continuation rights and pension/retirement account considerations during employment separation

COBRA: Federal law mandating health insurance continuation requirements and notification obligations post-employment

National Labor Relations Act (NLRA): Federal law protecting employees' rights to discuss working conditions, which must be considered in confidentiality provisions

State Final Paycheck Laws: State-specific requirements governing timing of final payment and treatment of accrued vacation/PTO

State Non-Compete Laws: State-specific regulations governing the enforceability of non-compete agreements in resignation contexts

State Release Requirements: State-specific additional requirements for valid releases of claims in employment separations

State Unemployment Benefits: State-specific regulations regarding impact of voluntary resignation on unemployment benefit eligibility

State Labor Laws: State-specific requirements regarding notice periods, severance, and other employment separation obligations

Confidentiality Provisions: Requirements and limitations for protecting company confidential information post-employment

Non-disparagement Provisions: Considerations for including mutual or one-way agreements not to make negative statements

Company Property Return: Requirements for the return of company assets, documents, and intellectual property

Reference Provisions: Terms governing how future employment references will be handled

Tax Implications: Considerations regarding tax treatment of any payments or benefits provided in the resignation agreement

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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