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Blackwing

Letting someone go is hard enough without paperwork that creates new problems. We draft separation agreements that set out final pay, severance, equity treatment and a release of claims, with the timing rules that make the release enforceable. Where a departure looks contentious, we tell you what to watch.

At a glance

Practice
Employment
Pricing
Flat fee, quoted before we start
Included
6 deliverables
Process
3 steps, one named attorney
Where we work
Slack, email or a call

When founders call us

The moments that usually bring a company to us for this work.

  1. 01

    You are letting an employee go and want to offer severance in exchange for a release

  2. 02

    A co-founder is leaving and their unvested shares need to be handled

  3. 03

    You are doing a small reduction in force affecting several people

  4. 04

    A departing employee is over 40 and you want the release to hold up

What you get

Scoped in writing before we start. One flat fee for all of it.

  1. Separation agreement covering final pay, severance and benefits
  2. General release of claims with state-specific language
  3. Age discrimination review periods and revocation rights where required
  4. Treatment of vested and unvested equity, including repurchase or exercise windows
  5. Confidentiality, return of property and mutual non-disparagement terms
  6. Checklist of final pay timing and notices for the employee's state

How it works

  1. 1

    Facts and risks

    We review the employee's role, location, age, equity and any complaints they have raised.

  2. 2

    Draft agreement

    We prepare the separation agreement and release with the required timing and language.

  3. 3

    Delivery support

    We help you plan the conversation and handle any negotiation that follows.

Mistakes we help you avoid

The ones we see most often, and catch before they cost you.

  • Avoided

    Releases from employees 40 or older that skip the required review and revocation periods

  • Avoided

    Missing final paycheck deadlines, which in some states is the day of termination

  • Avoided

    Trying to release claims the law does not allow to be waived, such as unemployment or workers' compensation rights

  • Avoided

    Leaving the treatment of unvested equity and repurchase rights unclear

Separation & Releases: questions founders ask

Usually not, unless an offer letter, employment agreement or company policy promises it. Many companies offer severance in exchange for a release of claims. The release is only enforceable if the employee receives something they were not already entitled to.

Federal law requires that a release of age discrimination claims be written clearly and advise the employee to consult a lawyer. The employee must generally get at least 21 days to consider it, or 45 days in a group termination, and 7 days to revoke after signing. Group terminations also require certain disclosures about who was selected.

Vesting usually stops on the termination date, and unvested options are forfeited. Vested options typically must be exercised within a set period, often 90 days, under the plan and grant terms. Some companies extend that window, which can change the tax treatment of incentive stock options.

Often yes. California releases usually include a waiver of Civil Code Section 1542 so the release covers unknown claims. California also has rules on final pay timing and limits on confidentiality terms around workplace harassment or discrimination.

Get a flat-fee quote for Separation & Releases.

A short call with an attorney. You leave with a written scope and one fixed price.

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Attorney advertising. The information on this site is general and is not legal advice. Contacting Blackwing or using this site does not create an attorney-client relationship. Prior results do not guarantee a similar outcome.