CHECKLIST FOR TYPICAL SEPARATION AGREEMENTS
___ Severance pay or salary continuation
___ Resignation vs. involuntary separation
___ Relieve of duties vs. immediate termination of employment
___ Unpaid bonus
___ Unpaid commissions
___ Taxation of payments
___ Expense reimbursements
___ Accrued vacation or sick pay
___ Stock options or purchases
___ Repayment of outstanding loans
___ COBRA issues: continuation of coverage under medical and/or dental benefit plans
___ Continuation of coverage under other benefit plans: disability, life, malpractice, directors and officers
___ Leased automobile
___ Outplacement services: dollar amount and provider
___ Contents of reference letter
___ Response to unemployment compensation claim
___ Non-competition agreement
___ Agreement regarding confidential business information and trade secrets
___ Non-solicitation of employees
___ Non-disparagement clause
___ Confidentiality of separation agreement
Scope
___ Liquidated damages provision
___ No future re-application or re-employment
___ Release of all claims
___ Return of company documents and property; computer equipment, credit cards, manuals
___ Agreement to cooperate and assist with ongoing business
___ Non-admission clause
___ Separability of provisions
___ Employee’s non-assignment of agreement
___ Rescission period(s), if applicable
___ Voluntary and knowing action by employee
___ OWBPA-required language
___ Complete agreement between the parties
___ Governing law
