Separation Agreement
(Employment) (DE)


This template is a Separation Agreement (also known as a severance agreement) that an employer in Delaware may use when it terminates an employee and seeks to obtain a general release of claims from the employee. This template includes practical guidance, drafting notes, and alternate and optional clauses. This template is intended for private employers and its language has been customized to comply with Delaware and federal law. As a result, the text of this template differs from the non-jurisdictional Separation Agreement (Employment). This template is drafted to satisfy the requirements under with the Older Workers Benefit Protection Act of 1990 (OWBPA), ensuring that a release of claims constitutes a voluntary and knowing waiver of rights under the Age Discrimination in Employment Act of 1967 (ADEA). Although the ADEA only protects employees age 40 or over, the template incorporates the OWBPA-compliant employee review period, revocation period, and other terms as default provisions...