The agreement should state that it shall not be deemed to be an admission of liability by the Company (or the agency) that it has violated any federal, state or local statute, ordinance, regulation, or other law, or that it has engaged in any wrongdoing.



The separation agreement should declare that it can only be amended with another written document. Oral amendments are inoperable to alter the terms.


Choice of Law.

The agreement will address where disputes can be brought -- which states or which courts -- and what law applies (federal law or a particular state law).


Parol Evidence Rule.

Sometimes referred to an the "entire agreement clause" or the "integration clause," a parol evidence provision states that the separation agreement is the single and entire agreement between the parties, that it supersedes and overrides any prior and simultaneous oral statements, and that all such oral representations shall have no legal effect.



In most cases, a severability provision provides that if a particular provision in the separation agreement is declared void or unenforceable, the remainder of the agreement shall remain in full force and effect. The defective provision is thus essentially "severed" from the agreement, leaving the remainder of the agreement intact.


Right to Counsel.

Assuming that the employee was given a right to consult with an attorney, the separation agreement should indicate that the employee was represented by a specific attorney. If the employee was given the right to consult counsel but chose not to do so, the agreement should state that the employee was given this right but knowingly, voluntarily and intelligently waived his right to counsel.