New York · Standard edition

New York Employment Separation Agreement Template

Create a New York 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 New York rules.

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New York rules built into this template

  • Final pay: Final wages are due no later than the next regular payday (N.Y. Lab. Law § 191(3)).
  • 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)).
  • New York: If the agreement resolves a claim involving discrimination, harassment, or retaliation, any term keeping the underlying facts confidential is valid only if it is the employee's preference, the employee has 21 days to consider it and 7 days to revoke it, and the other requirements of N.Y. Gen. Oblig. Law § 5-336 are met.

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. New York 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 New York?
No. Final wages are owed whether or not the employee signs. Final wages are due no later than the next regular payday (N.Y. Lab. Law § 191(3)).
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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