Vigilant Blog

News, trends and analysis in employment law, HR, safety & workers' comp

Apr 20, 2023

Q&A: Can I reuse old separation agreements?

Q&AWage and Hour 

Question: Has anything changed recently regarding separation agreements? We’re planning to eliminate a position and we want to offer severance pay. I have a separation agreement that was drafted a couple of years ago; can I just reuse that?

Answer: No, please contact your Vigilant Law Group employment attorney for fresh language! There have been a number of changes over the past few years regarding separation agreements (typically providing severance pay to ease an employee’s transition after termination of employment) or settlement agreements (to resolve legal claims made by a worker). This includes specific information that must be included and limits on what employers can say in employment agreements of all types. Your Vigilant Law Group employment attorney can ensure that any separation or settlement agreement that you are using fits your particular circumstances and is compliant with state and federal laws. Even if a separation agreement seems simple or you’re reluctant to “bother us,” this is an area where we would prefer to hear from you every single time. If you prefer a self-serve approach and the situation is straightforward enough to warrant a relatively simple agreement, you can find our most current Model Form, Separation Agreement, on our member website. But always ask your attorney for a final review. For potentially complicated situations, your attorney can customize a longer, more comprehensive agreement for you.
It’s also tempting to download and save Vigilant Model Forms, Model Policies, and Legal Guides to your computer, but we strongly encourage you to use the most up-to-date versions by downloading them from the Vigilant member website each time. For ease, you can search for documents on our website by their document number (which is listed in the top right corner under the revision date). If you need help navigating our member website, contact your Vigilant Law Group employment attorney. If you need help logging in, send an email to

This website presents general information in nontechnical language. This information is not legal advice. Before applying this information to a specific management decision, consult legal counsel.