Early Exit Program (EEP) - First Separation Agreement and Release

Sep 16, 2026

Uploaded by Oliver

Separation agreement between the university and an employee under San José State University’s Early Exit Program sets the conditions for a voluntary resignation and ends employment-related disputes. The employee agrees to irrevocable resignation, waives retreat rights, and accepts restrictions on future employment for 18 months. The document outlines severance payment timing and amount, tax indemnification responsibilities, and a broad general release covering known and unknown claims, including specified federal and state employment and civil rights statutes.

LanguageEnglish

CategoryForms

FormatPDF

Pages4

Reading Time2 min

AccessFree to download

Factual background

Agreement terms

Employee’s Resignation

Retreat Rights

Future Employment

Severance Benefit

Tax Indemnification

General Release and Waiver of Claims

SAN JOSÉ STATE UNIVERSITY Early Exit Program (EEP) First Separation Agreement and Release This Separation Agreement and Release (“Agreement”) is by and between the Board of Trustees of the California State University through San José State University (the “University”) and (“Employee”) . As used in this Agreement,“University” includes the Board of Trustees of the California State University and its agents, employees, attorneys, officers, directors, trustees, auxiliary organizations, affiliates, predecessors, successors in interest and assigns, and representatives. The University and Employee are sometimes collectively referred to as the Parties. Factual background Whereas, Employee agrees to voluntarily resign through the Early Exit Program, effective Whereas, the University has conditionally accepted Employee’s application to participate in the Early Exit Program pending the timely execution of this Agreement, per the Terms and Conditions of the Early Exit Program; Whereas, both the University and Employee desire to settle/avoid any actual or potential differences and disputes of their employment relationship, and wish to avoid the expense, inconvenience, and uncertainty of further proceedings. Now, in consideration of the foregoing, and of the mutual covenants, commitments, and agreements contained herein, the receipt and sufficiency of which is hereby acknowledged, University and Employee each acknowledge and voluntarily agree as follows: Agreement terms 1. Employee’s Resignation-Employee agrees to voluntarily resign from Employee’s employment with the University, effective . This signed settlement agreement serves as a resignation letter. The University agrees to accept Employee’s voluntary resignation . The University’s execution of this agreement is deemed acceptance of Employee’s resignation . As a material consideration for the University entering into this Agreement, Employee acknowledgesand agrees that Employee’s resignation from all positions of employment with the University is voluntary and will be irrevocable as of the date that this Agreement is signed by both Parties. Further, Employee hereby waives any right Employee may have under any applicable law, regulation, Collective Bargaining Agreement or policy to revoke or rescind Employee’s resignation . 2. Retreat Rights-As a further material consideration for the University entering into this Agreement, to the extent Employee has any applicable retreat rights, Employee agrees to waive any such retreat rights. 3. Future Employment-Employee will be prohibited from accepting employment for another position with SJSU for 18 months from the date of separation . This time period does not apply to rehired annuitant positions, which will adhere to time periods determined by CalPERs provisions. 4. Severance Benefit-Within thirty (30) days of Employee’s last day of employment with the University, the University shall pay Employee the amount of , less all appropriate payroll deductions. This amount represents fifty (50) percent of the calculated separation package per the terms of the Early Exit Program. Employee understands and agrees that the Severance Benefit described in this Agreement exceeds what Employee is otherwise entitled, and such payment is in exchange for executing this Agreement and complying with the terms and provisions herein . Employee acknowledges that this severance benefit is not considered reportable to CalPERS nor will it be included in the calculation of CalPERS retirement benefits. 5. Tax Indemnification: Employee agrees that neither Employee nor Employee’s attorneys have relied on any representations as to the tax consequences of this Agreement. Employee further agrees that if any taxing authority determines that any part of the Agreement is taxable, Employee will be solely responsible for all such taxes, and that Employee shall indemnify and hold harmless the University from liability to any tax autho

FAQs

What is the employee agreeing to when signing this agreement under the Early Exit Program?

The employee agrees to voluntarily resign and that the resignation will be irrevocable once both parties sign the agreement.

What does the agreement say about retreat rights and future employment?

The employee waives any applicable retreat rights and is prohibited from accepting another position with SJSU for 18 months after separation, with stated exceptions for rehired annuitant positions.

How is the severance benefit handled and when is it paid?

The university pays the severance amount within thirty days of the employee’s last day, after appropriate payroll deductions, and the agreement states it is tied to executing the agreement and complying with its terms.

Sep 16, 2026

Uploaded by Oliver