California · Standard edition

California Employment Separation Agreement Template

Create a California employment separation agreement online. The Standard agreement covers the separation date, final pay, benefits and COBRA, return of property, confidentiality, references, an optional mutual release with the federal 21-day review and 7-day revocation periods for employees 40 and older, protected rights, and California rules.

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California rules built into this template

  • Final pay: Final wages are due immediately when the employer ends employment; if the employee quits, they are due within 72 hours, or on the last day if the employee gave at least 72 hours' notice (Cal. Lab. Code §§ 201, 202). Earned, unused vacation is paid as wages.
  • Release of age claims: for employees 40 or older, a release of federal age discrimination claims requires at least 21 days to consider (45 days for a group program), 7 days to revoke, advice to consult an attorney, and consideration beyond what the employee is already owed (29 U.S.C. § 626(f)).
  • California: Under Cal. Gov. Code § 12964.5, the employer must tell the employee that they have the right to consult an attorney about the agreement and at least five business days to do so. Nothing in the agreement prevents the employee from discussing or disclosing information about unlawful acts in the workplace, such as harassment or discrimination or any other conduct that the employee has reason to believe is unlawful.

What the Employment Separation Agreement includes

  1. Separation
  2. Final Pay
  3. Benefits
  4. Return of Property
  5. Confidentiality
  6. References
  7. Mutual Release
  8. Review, Revocation, and Effective Date
  9. Protected Rights
  10. California Requirements
  11. No Admission
  12. General Provisions
  13. Governing Law

Frequently asked questions

Does an employee have to sign a separation agreement to get a final paycheck in California?
No. Final wages are owed whether or not the employee signs. Final wages are due immediately when the employer ends employment; if the employee quits, they are due within 72 hours, or on the last day if the employee gave at least 72 hours' notice (Cal. Lab. Code §§ 201, 202). Earned, unused vacation is paid as wages.
How long does an employee have to consider a severance agreement?
If the employee is 40 or older and the agreement releases age discrimination claims, federal law requires at least 21 days to consider it (45 days in a group program) and 7 days to revoke after signing. Some states add their own review periods.
What is the difference between the Standard and Professional Employment Separation Agreement?
The Standard edition is a complete, state-aware Employment Separation Agreement for common situations. The Professional edition adds longer clause coverage, schedules, and optional modules for more complex matters. You can preview either edition free before you pay.

Employment Separation Agreement templates for other states

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Start your California Employment Separation Agreement