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Severance Notice for the United States

Severance Notice Template for United States

A Severance Notice is a formal document used in the United States to communicate the terms and conditions of an employee's separation from employment, including any compensation and benefits they will receive upon termination. The document must comply with federal laws such as ADEA and WARN Act, as well as applicable state-specific requirements. It typically includes details about severance pay, benefits continuation, release of claims, and any post-employment obligations.

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Severance Notice

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What is a Severance Notice?

A Severance Notice is essential when terminating employment relationships in the United States, particularly when providing severance packages. This document serves as a formal record of the separation terms and protects both employer and employee interests. The notice must comply with federal and state employment laws, including the WARN Act for mass layoffs and ADEA for age discrimination protection. A properly drafted Severance Notice typically includes details about payment amounts, timing, benefits continuation, and any conditions attached to the severance package.

What sections should be included in a Severance Notice?

1. Employee Information: Name, position, employment dates, and other identifying details of the employee

2. Termination Date: Clear statement of the employee's last day of employment

3. Severance Amount: Specific amount of severance pay, calculation method, and payment structure

4. Payment Terms: Details of when and how severance will be paid, including tax considerations

5. Benefits Information: Information about continuation or termination of benefits, including health insurance and COBRA rights

6. Legal Compliance Statement: Statement confirming compliance with relevant federal and state laws

What sections are optional to include in a Severance Notice?

1. Non-Compete Provisions: Restrictions on future employment and competitive activities

2. Outplacement Services: Details of career transition assistance and support services offered

3. Return of Company Property: Requirements and timeline for returning company equipment and materials

4. Confidentiality Obligations: Ongoing obligations regarding confidential information and trade secrets

5. References and Communications: Agreement on how future employment references will be handled

What schedules should be included in a Severance Notice?

1. Release Agreement: Legal waiver and release of claims against the company

2. Benefits Summary: Detailed explanation of continuing benefits and COBRA information

3. Final Paycheck Calculation: Itemized breakdown of final pay including vacation/PTO payout

4. Company Property Checklist: Detailed list of company property to be returned

5. State-Specific Notices: Required legal notices and disclosures based on applicable state law

Authors

Alex Denne

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

Jurisdiction

United States

Document Type

Termination Notice

Cost

Free to use
Clauses

























Industries

ADEA: Age Discrimination in Employment Act - Protects workers 40 and older from age discrimination and sets specific requirements for severance agreements with older workers

OWBA: Older Workers Benefit Protection Act - Establishes specific requirements for waivers of age discrimination claims, including mandatory review periods and right to revocation

WARN Act: Worker Adjustment and Retraining Notification Act - Requires employers with 100+ employees to provide 60 days advance notice of mass layoffs or plant closings

ERISA: Employee Retirement Income Security Act - Governs employee benefits plans and their continuation or termination during severance

FLSA: Fair Labor Standards Act - Ensures proper payment of final wages, overtime, and other compensation in severance situations

Title VII: Title VII of the Civil Rights Act - Prohibits discrimination and requires careful consideration in severance agreements to prevent discriminatory practices

ADA: Americans with Disabilities Act - Protects disabled employees from discrimination and requires consideration in severance agreements

State WARN Acts: State-specific versions of WARN Act that may have different thresholds or requirements than federal law

State Severance Laws: State-specific requirements for severance payments, timing, and terms that may exceed federal requirements

Final Paycheck Laws: State-specific requirements for timing and method of final wage payments including accrued vacation or PTO

Tax Regulations: Internal Revenue Code requirements governing taxation of severance payments, withholding requirements, and reporting obligations

COBRA: Continuation of health benefits requirements and notification obligations under Consolidated Omnibus Budget Reconciliation Act

Release of Claims: Requirements for valid release of legal claims, including specific language and consideration requirements under federal and state law

Review Periods: Mandatory review periods for severance agreements, including 21 days for individual terminations and 45 days for group layoffs for workers over 40

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, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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