Separation Agreement for a resignation

lashefHR

Does anyone have a separation agreement that they give to employees when they resign that protects the company from future lawsuits? I know that you usually need to give the employee something (severance) to have it hold up, but I wanted to see if anyone has any suggestions. I have an executive that has resigned and has refused to sign the separation agreement.

 

Thanks

tshultz2005

We use a separation letter. A little less formal than a Separation and Release Agreement so that the employees is more likely to sign it. 

Re: Separation of Employment

Dear :

This letter is to acknowledge that your employment with the Company terminated following your email dated ___________sent to __________resigning your position. The Company will pay you the compensation that you have earned through the date of your termination. In accordance with our vacation policy, due to your short tenure with us and the manner in which you resigned your position (on notice) there will not be any vacation benefit included in your final pay. Similarly, you are not entitled to benefits under the Consolidated Omnibus Budget Reconciliation Act (“COBRA”) as you have waived company medical benefits. In addition, you are not entitled to any benefits under the Company’s 401(k) Plan. On or before _________, you must return to the Home Office all of the Company’s property in your possession including, but not limited to, building key, key to [Company's] office, parking garage pass, cellular phone, laptop, all copies of training materials, operations manuals, department files, computer files, and all of the tangible and intangible property belonging to the Company and relating to your employment with the Company. You further represent and warrant that you have not retained any copies, electronic or otherwise, of such property.

You will continue to comply with the terms of the Non-Disclosure Agreement between you and the Company, executed on [date of hire], and know and understand that the obligations contained in that agreement survive your separation of employment with the Company. In particular, you shall not disclose any confidential or proprietary information (specifically including recipes, pricing, margins, key customer contacts, and their profiles not generally known to the public) which you acquired as an employee of the Company to any other person or entity, or use such information in any manner that is detrimental to the interest of the Company. A copy of your Non-Disclosure Agreement is attached.

Please contact me directly to arrange for the return of Company property. Thank you for your anticipated cooperation.