What Provisions are Typical in a Separation Agreement?

There’s been a lot in the news of late about “outrageous” provisions found in an separation agreement between an employer and an employee, like confidentiality.  Indeed, some proposed legislation would restrict the use of some provisions.   So I thought it would be helpful to go over what we typically see in a separation agreement. First a big caveat: My description of a “typical” agreement does not mean that these provisions are in every agreement or even that these provisions ought to be in some agreements. Each separation or settlement has differing facts that may make certain provisions more important than others. And some employers or employees negotiate differently. In other words, there is not a one-size-fits-all to this and employers should definitely not attempt to do this without legal guidance. One more caveat, back in 2009, I provided a link to a great checklist that existed at the time about key…

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