Employer Release Form - United States

Employer Release Form for the United States

Employer Release Form Template for United States

An Employer Release Form is a legal document used in the United States that establishes a formal agreement between an employer and employee, typically upon termination of employment or resolution of a dispute. The document outlines the terms under which an employee waives their rights to bring certain legal claims against the employer in exchange for specified consideration. It must comply with federal laws including FLSA, ADEA, and state-specific employment regulations.

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What is a Employer Release Form?

The Employer Release Form serves as a crucial risk management tool for businesses in the United States, providing legal protection against potential future claims. This document is commonly used during employee separations, whether through layoffs, voluntary departures, or dispute resolutions. The form must be carefully drafted to ensure compliance with both federal and state employment laws, particularly when dealing with age-related claims under the ADEA. A properly executed release form includes clear terms of the agreement, specific rights being waived, and adequate consideration provided to the employee.

What sections should be included in a Employer Release Form?

1. 1. Identification of Parties: Names, addresses, and details of both employer and employee

2. 2. Background: Context of employment relationship and circumstances leading to release

3. 3. Definitions: Key terms used throughout the document including 'Claims', 'Released Parties', etc.

4. 4. Release Language: Comprehensive description of claims and rights being waived by the employee

5. 5. Consideration: Details of what the employee receives in exchange for the release

6. 6. Acknowledgments: Employee's confirmation of understanding, voluntary acceptance, and opportunity for legal review

7. 7. Governing Law: Specification of jurisdiction and applicable law

8. 8. Execution: Signature blocks and dating requirements

What sections are optional to include in a Employer Release Form?

1. Non-Disparagement Clause: Agreement not to make negative statements about the employer, used when protecting company reputation is important

2. Confidentiality Provisions: Agreement to keep terms confidential, used when settlement terms should remain private

3. Return of Property: Requirements for returning company property, used when employee had access to company assets

4. References: Terms regarding future employment references, used when parties want to establish clear parameters for references

5. Cooperation: Requirements for employee's future cooperation in investigations or litigation, used when ongoing matters might require employee input

What schedules should be included in a Employer Release Form?

1. Schedule A - Claims Being Released: Detailed itemization of specific claims being waived

2. Schedule B - Settlement Payment Details: Breakdown of any monetary consideration and payment terms

3. Schedule C - Company Property Inventory: Comprehensive list of company property to be returned

4. Appendix 1 - ADEA Disclosure: Required disclosure for employees over 40 under the Age Discrimination in Employment Act

Authors

Alex Denne

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

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Free to use

Relevant legal definitions

Agreement

Confidential Information
Effective Date
Employee

Termination Date

Revocation Period

Clauses

Relevant Industries

Technology
Financial Services
Healthcare
Manufacturing
Retail

Relevant Teams

Human Resources
Legal
Operations
Finance

Relevant Roles

Human Resources Director
Legal Counsel
Department Manager
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What is a Employer Release Form?

What sections should be included in a Employer Release Form?

What sections are optional to include in a Employer Release Form?

What schedules should be included in a Employer Release Form?

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