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Independent Contractor Severance Agreement Template for United States

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Key Requirements PROMPT example:

Independent Contractor Severance Agreement

"I need an Independent Contractor Severance Agreement for a software developer who has been working with us for 2 years and will be terminated on March 1, 2025, with a standard non-compete clause and one month's fees as severance."

Document background
The Independent Contractor Severance Agreement is utilized when a business needs to formally end a contractor relationship while providing certain financial considerations or benefits. This document, governed by U.S. federal and state laws, serves multiple purposes: it provides clarity on final payments, protects the company through releases and ongoing obligations, and gives the contractor certainty regarding their severance package. The agreement is particularly important in situations where the contractor has had significant access to confidential information or when the termination needs to be carefully managed to prevent future disputes.
Suggested Sections

1. Parties: Identification of the company and contractor

2. Background: Brief history of the contractor relationship and reason for termination

3. Definitions: Key terms used throughout the agreement

4. Severance Payment: Amount, timing, and method of severance payment

5. Release of Claims: Contractor's release of legal claims against the company

6. Tax Matters: Tax treatment of payments and responsibilities

7. Confidentiality: Ongoing confidentiality obligations

8. Return of Property: Requirements for returning company property

Optional Sections

1. Non-Compete: Restrictions on future work activities (include when protecting business interests is crucial)

2. Non-Solicitation: Restrictions on soliciting employees or clients (include when protecting client relationships is important)

3. Consulting Services: Terms for any transition services (include when contractor will provide transition support)

4. Benefits Continuation: Any continuing benefits arrangements (include if applicable benefits exist)

Suggested Schedules

1. Schedule A - Payment Terms: Detailed breakdown of severance payments

2. Schedule B - Company Property: List of items to be returned

3. Schedule C - Ongoing Projects: List of projects requiring transition

4. Exhibit A - Release of Claims: Detailed release language and requirements

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

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Industries

Internal Revenue Code (IRC): Federal tax regulations governing tax implications and proper contractor classification requirements

Age Discrimination in Employment Act (ADEA): Federal law protecting workers over 40 years old from discrimination, relevant for severance agreements with contractors in this age group

Older Workers Benefit Protection Act (OWBA): Federal law specifying requirements for valid release of age discrimination claims in severance agreements

Fair Labor Standards Act (FLSA): Federal law establishing standards for worker classification and employment relationships

Employee Retirement Income Security Act (ERISA): Federal law governing employee benefit plans, relevant if the contractor agreement includes any benefit considerations

State Labor Laws: Varying state-specific regulations regarding independent contractor classification and employment relationships

State Release of Claims Requirements: State-specific rules governing the validity and enforceability of release of claims in severance agreements

State Payment Timing Laws: State-specific requirements regarding the timing and method of final payments in severance situations

State Non-Compete Regulations: State-specific rules governing the enforceability and scope of non-compete and non-solicitation provisions

IRS Classification Guidelines: Federal guidelines for determining proper worker classification as independent contractor versus employee

Intellectual Property Rights: Legal considerations regarding the ownership and transfer of intellectual property created during the contractor relationship

Confidentiality Requirements: Legal framework for protecting confidential information and trade secrets in severance situations

Tax Implications: Legal considerations regarding tax treatment of severance payments for both parties

Dispute Resolution Requirements: Legal framework for establishing binding dispute resolution mechanisms in severance agreements

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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