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Amendment To Severance Agreement for the United States

Amendment To Severance Agreement Template for United States

An Amendment to Severance Agreement is a legal document used in the United States to modify the terms of an existing severance agreement between an employer and a former employee. This document must comply with federal laws such as ADEA and OWBPA, as well as state-specific employment laws. The amendment can modify various aspects of the original agreement, including payment terms, benefits continuation, restrictive covenants, or release of claims. It serves as a formal modification while keeping the original agreement's remaining terms intact.

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What is a Amendment To Severance Agreement?

An Amendment to Severance Agreement becomes necessary when parties need to modify terms of their original severance arrangement due to changed circumstances, additional negotiations, or legal requirements. This document is commonly used across the United States when employers need to adjust payment schedules, extend benefit periods, modify restrictive covenants, or address new claims that have arisen since the original agreement. The amendment must carefully consider both federal and state employment laws, particularly regarding age discrimination (ADEA), benefits (ERISA), and state-specific requirements. Proper drafting of an Amendment to Severance Agreement is crucial to ensure enforceability and protect both parties' interests while maintaining compliance with applicable laws.

What sections should be included in a Amendment To Severance Agreement?

1. Parties: Identification of the parties to the amendment

2. Background: Reference to original agreement and reason for amendment

3. Definitions: Key terms used in the amendment

4. Amendments: Specific modifications to the original agreement

5. Ratification: Confirmation that all other terms remain in effect

What sections are optional to include in a Amendment To Severance Agreement?

1. Additional Consideration: Section detailing any new benefits or compensation being provided as part of the amendment

2. Extended Release: Section covering additional claims being released that have arisen since original agreement

3. Modified Restrictive Covenants: Section detailing changes to non-compete or non-solicit provisions

What schedules should be included in a Amendment To Severance Agreement?

1. Schedule of Amended Payments: Details of modified severance payment structure and payment schedule

2. Revised Release of Claims: Updated release language incorporating any new claims or modified terms

3. Benefits Continuation Schedule: Modified timeline and details of benefits continuation under the amendment

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

United States

Document Type

Amendment Agreement

Cost

Free to use
Clauses




















Industries

Age Discrimination in Employment Act (ADEA): Federal law that protects workers 40 and older from employment discrimination and has specific requirements for severance agreements

Older Workers Benefit Protection Act (OWBPA): Amendment to ADEA that sets specific requirements for waivers of age discrimination claims in severance agreements

Employee Retirement Income Security Act (ERISA): Federal law governing employee benefit plans and their administration post-employment

Fair Labor Standards Act (FLSA): Federal law ensuring proper payment of wages, overtime, and other compensation that might be part of severance calculations

WARN Act: Federal law requiring advance notification of qualified plant closings and mass layoffs, which may affect severance terms

Internal Revenue Code Section 409A: Tax regulations governing deferred compensation arrangements, including certain severance payments

Title VII of the Civil Rights Act: Federal law prohibiting discrimination based on race, color, religion, sex, and national origin, which must be considered in release provisions

Americans with Disabilities Act (ADA): Federal law protecting rights of individuals with disabilities, which must be addressed in release provisions

Equal Pay Act: Federal law requiring equal pay for equal work regardless of gender, relevant for severance calculations

National Labor Relations Act (NLRA): Federal law protecting employees' rights to organize and bargain collectively, which may affect severance terms

State Labor Laws: Varying state-specific requirements for employment termination, severance payments, and employee rights

State Unemployment Compensation Laws: State-specific regulations regarding unemployment benefits and their interaction with severance payments

State Notice Requirements: State-specific rules for providing notice of termination and related severance obligations

State Non-Compete Regulations: State-specific rules governing the enforceability and scope of non-compete agreements in severance contexts

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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