A Wisconsin Severance Agreement between Employee and Employer is a legal document that outlines the terms and conditions under which an employment relationship is terminated. It is a contractual agreement reached between the employer and employee, usually in situations such as layoffs, downsizing, or when an employee voluntarily resigns. It ensures that both parties understand their respective rights and obligations after the termination. Wisconsin does not have specific laws governing severance agreements, which means that the terms and conditions of such agreements are subject to negotiation between the employer and employee. However, there are a few key components that are commonly included in a Wisconsin Severance Agreement: 1. Severance Pay: This refers to the monetary compensation provided to the employee upon termination. The amount is typically based on the employee's length of service, position, and any applicable statutory requirements. 2. Release of Claims: This clause states that in exchange for receiving severance pay, the employee agrees to release the employer from any legal claims or liabilities arising from the termination. It is essential to consult an attorney to ensure that the release is comprehensive and covers all potential claims. 3. Confidentiality: This provision prohibits the employee from disclosing any confidential or proprietary information belonging to the employer, even after termination. It may also include non-disparagement clauses to prevent the employee from making negative comments about the employer. 4. Non-Compete and Non-Solicitation: Some severance agreements may include non-compete and non-solicitation clauses, which restrict the employee from engaging in certain competitive activities or soliciting clients or employees of the former employer. 5. Return of Company Property: This section outlines the employee's responsibility to return any company property, including laptops, phones, keys, or any other assets, upon termination. 6. References: The agreement may include a provision regarding how the employer will respond to reference requests for the terminated employee. This may include setting out agreed-upon language for reference letters or statements. It is important to note that there may be different types of Wisconsin Severance Agreements: 1. Voluntary Severance Agreement: This type of agreement is entered into when an employee willingly resigns from their position. It outlines the terms and conditions for the employee's departure and may include severance pay and other benefits, depending on the negotiations between the two parties. 2. Layoff Severance Agreement: In situations where an employer conducts layoffs due to financial constraints or business restructuring, a layoff severance agreement may be offered to affected employees. It provides compensation and other benefits to the terminated employees. 3. Termination Without Cause: This agreement may be used when an employee is terminated without any fault or misconduct, typically due to factors such as downsizing or changes in business strategy. It ensures that the employee receives compensation and other contractual obligations as spelled out in the agreement. In summary, a Wisconsin Severance Agreement between Employee and Employer is a crucial document that sets out the terms and conditions of employment termination. While Wisconsin does not have specific laws governing severance agreements, it is essential for both parties to negotiate and review the agreement carefully to ensure it is fair and meets their respective needs.