Separation Agreement
(Employment) (KY)

Summary

This template is a Separation Agreement (also known as a severance agreement) that an employer may use in Kentucky when it terminates an employee or an employee resigns and the employer 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 Kentucky and federal law. As a result, the text of this template differs from the non-jurisdictional Separation Agreement. This template is drafted to satisfy the requirements under with the Older Workers Benefit Protection Act of 1990 (OWBPA) for 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 since many employers prefer to use a single version of the template for administrative efficiency and such terms can help bolster the enforceability of a general release if challenged. However, when terminating the employment of younger employees, you may remove or shorten the review and revocation periods and omit the references to the OWBPA and ADEA. To obtain a valid waiver of ADEA claims when more than one employee's employment is being terminated, provide the additional OWBPA disclosures required as described in Alternate Section and its drafting note. For a full listing of key content that can be used by in-house counsel to develop, revise, and implement a company's employee and third-party-related policies, see In-House Company Policies Resource Kit. For additional information on drafting separation agreements, see Separation Agreements: Drafting and Negotiation Tips (Pro-Employer) and Separation Agreements: Key Negotiating Issues (Pro-Employee). For other annotated separation agreements, see Separation Agreement and General Release (Individuals under 40) and Separation Agreement and General Release (Individuals 40 and over). For termination requirements under Kentucky law, see the Kentucky row of Investigations, Discipline, and Terminations State Practice Notes Chart. See the Special Release Issues column for notes on waiving employment claims in release agreements in Kentucky and other states. For other annotated state separation agreement forms, see Investigations, Discipline, and Terminations State Expert Forms Chart. In addition, for Kentucky wage and hour termination pay and notice issues, see Wage and Hour (KY). For a full listing of key content covering the provision of severance or separation pay on various terminations of employment, see Severance Benefits Resource Kit.