Separation Agreements for Florida Employers, Drafted with Care

A separation agreement is the written contract that ends an employment relationship on agreed terms. Its severance release is the section where the employee gives up certain legal claims in exchange for pay or benefits. KEW Legal helps Florida employers draft and review these documents before they reach the employee.

What a Separation Agreement and Severance Release Do for Florida Employers

A separation agreement sets the terms of an exit. It covers final pay, benefits, company property, and the employee’s duties after leaving. The severance release is the part where the employee agrees not to sue over the claims it lists.

Florida is an employment-at-will state. Either side can end the job at any time. But a firing cannot rest on a reason the law prohibits, such as retaliation or unlawful discrimination (Laguerre v. Palm Beach Newspapers).

This document fits three common situations. You may be ending a role where the employee could have a claim. A sale or restructuring may be changing your staff. Or an owner may want a clean exit with a defined end date.

The agreement is not the termination decision itself. The document is what makes the outcome clear and written down.

Why Release Language, Consideration, and Review Periods Decide Enforceability

A release holds up better when it names its claims, offers real value, and gives the employee time to decide. Vague or overbroad wording invites challenges.

Release language. List the types of claims being waived, such as discrimination, retaliation, and breach of contract. Use plain words that a non-lawyer can follow.

Consideration. The employee should receive something extra, such as added severance or extended benefits. Write the payment terms into the agreement itself, not into a side email.

Review time. Give the employee a reasonable period to read the document and ask questions. In Basulto v. Hialeah Automotive, the court concluded that both the procedural and substantive aspects of unconscionability must be present, although not necessarily to the same degree, and both should be evaluated interdependently rather than as independent elements (Basulto v. Hialeah Automotive).

Federal Age-Claim Waiver Rules Under the ADEA

Federal obligations for employers are enforced by the U.S. Equal Employment Opportunity Commission (EEOC).

Check these terms before you use a standard release for an older employee.

Florida’s civil rights law also bars discrimination because of age (Fla. Stat. § 760.10). A person may file a complaint within 365 days of the alleged violation (Fla. Stat. § 760.11).

Terms Beyond the Release: What a Well-Drafted Agreement Usually Covers

A complete agreement covers more than the release. Most drafts include these items:

• Payment and benefits. The payment schedule, benefits continuation, and how severance is taxed, stated in general terms.
• Company property. Return of keys, devices, passwords, and confidential files.
• Confidentiality and non-disparagement. These clauses need care, because some limits apply to what workers may say about their jobs.
• Transition duties. Cooperation, handoff of accounts, and help with open matters.
• Restrictive covenants. Noncompete and nonsolicitation terms, only where they fit the role. An overlong restraint can be cut back by a court.
• Disputes and governing law. Which state’s law applies and what happens if the employee sues after signing.

Some covered noncompete agreements also require written notice of the right to seek counsel before signing (Fla. Stat. § 542.45).

Claims a Private Release Typically Cannot Waive

• Unpaid wages. Florida law lets a court award costs and a reasonable attorney’s fee to the prevailing party in an unpaid wage action (Fla. Stat. § 448.08). Pay what is owed before asking for a release.
• Retaliation for reporting. A clause that penalizes an agency complaint is a serious risk.
• Workers’ compensation. An employer may not fire, threaten to fire, intimidate, or coerce an employee because of a valid compensation claim or an attempt to claim compensation (Fla. Stat. § 440.205). A severance offer that pressures someone to drop a valid claim creates exposure.

Drafting a clause that promises to waive what cannot be waived creates risk. A safer approach is to carve these items out of the release and handle them separately.

How the Separation Agreement Process Works at KEW Legal

Our process runs in five steps, from first call to a signed and filed agreement. Timing depends on the facts and on how quickly the employee responds.

1. Initial consultation. We review the departure, the employee’s role and tenure, any pending complaints, and your goals for the exit.
2. Document review. We read the offer letter, handbook, bonus or equity terms, and any prior agreements. Florida courts generally do not treat handbook policies as enforceable contract rights unless the manual uses specific language making it a separate employment contract (Quaker Oats Co. v. Jewell).
3. Drafting. We draft the release, consideration, review terms, and restrictive terms to fit the facts and any age-related federal rules.
4. Delivery. We send the agreement with required notices, answer questions on the employer side, and track the review and revocation periods.
5. Signing and file. We confirm the signing date, payment timing, and file retention.

Why Employers Work With KEW Legal on Separation Agreements

KEW Legal is a Florida business law firm with offices in Coral Gables and Sunny Isles Beach. The firm acts as outside general counsel for business owners and investors across Miami-Dade and South Florida. Its practice focuses on employment matters for employers, along with partnership disputes, business contracts, and commercial real estate.

Kristina E. Wilson is the responsible lawyer for this page. The firm’s lawyers include Kristina E. Wilson and Natalie Martinez.

A departure often raises contract, ownership, and business-continuity questions at the same time. Handling them together keeps the separation agreement consistent with your other company documents. Our team can also review related terms, such as noncompetes and handbook policies.

Frequently Asked Questions About Separation Agreements for Florida Employers

Talk With KEW Legal About Your Separation Agreement

If you are ending an employee’s job and need a release that is clear, fair, and tied to the real facts, KEW Legal can review the draft with you. Send us a message through our contact page or call 305-990-2300.