Tools / interactive practice

Spot the issue: a mock separation agreement

This is a fictional California separation agreement. It reads like a standard corporate document, but eight traps are buried in it. Tap each suspicious phrase to open an inline editorial note explaining what the clause does, why employers write it that way, and what to ask for instead.

Clue 1 of 8

CONFIDENTIAL: FOR EMPLOYEE REVIEW ONLY

TOTALLY NORMAL CORP.

100 Example Plaza, Suite 400 · Sacramento, California


November 5, 2026

Alex Chen
Oakland, California
Email: a.chen.personal@example.com

SEPARATION AGREEMENT AND GENERAL RELEASE

Dear Alex:

This letter agreement ("Agreement") sets forth the terms of the end of your employment with Totally Normal Corp. (the "Company"). You and the Company are each a "Party" and together the "Parties."

1. Separation Date

Your employment with the Company ends effective at 11:59 p.m. Pacific time on November 20, 2026 (the "Separation Date"). As of the Separation Date you shall have no authority to act on behalf of the Company. Your final wages, including accrued but unused paid time off, will be paid on the Separation Date in accordance with California law.

2. Severance Consideration

In exchange for the release of claims and other promises in this Agreement, the Company will pay you a severance payment equivalent to eight (8) weeks of your base salary, less standard payroll withholdings (the "Severance Payment"). The Severance Payment will be paid in one lump sum on the first regular payroll date occurring after this Agreement becomes effective and any revocation period has expired.

3. Release of Claims

(a) You hereby fully and forever release, acquit and discharge the Company, its parents, subsidiaries, affiliates, and each of their respective officers, directors, employees, agents and successors (the "Released Parties") from

(b)

4. Review and Revocation Periods

(a) The Company has advised you in writing to consult an attorney before signing this Agreement. You have had at least five (5) business days to consider this Agreement.

(b)

5. No Pending Claims

6. Delivery of Signed Copy

7. Confidentiality and Non-Disparagement

You agree to keep the terms of this Agreement confidential. You further agree that you will not at any time make, publish or communicate any derogatory or negative statement concerning the Company or any Released Party. Nothing in this Section prohibits you from disclosing factual information related to a claim filed in a civil action or a complaint filed in an administrative action, regarding acts of harassment or discrimination, as provided by California law.

8. Remedies and Repayment

9. Post-Employment Restrictions

10. Miscellaneous

This Agreement constitutes the entire agreement between the Parties and supersedes all prior agreements.

11. Entire Agreement and Counterparts

This Agreement may be executed in counterparts and by electronic signature, each of which shall be deemed an original. You affirm that you have read this Agreement, have had the opportunity to seek independent legal counsel, and sign it freely and voluntarily.

TOTALLY NORMAL CORP.

By: Jordan Vane, Vice President, People
Date: November 5, 2026

EMPLOYEE

Alex Chen
Date: _______________

The anatomy

The eight traps, at a glance

Every one of these is drawn from actual California separation practice. None requires anything extraordinary to detect. You only need to know which words transfer risk.

#TacticWhere it appearsThe tellCalifornia law
1Absolute waiverSection 3(a)"known or unknown, past, present or hereafter arising"Labor Code 206.5; Gov Code 12964.5
2Buried 1542 waiverSection 3(b)Civil Code 1542 quoted verbatim, then waivedCiv Code 1542; Labor Code 1198.5 / 226
3Clock that never restartsSection 4(b)"shall not restart or extend" after revisionsGov Code 12964.5
4Attestation trapSection 5"have not filed… are not aware of any basis"LC 206.5 / 98.6; unwaivable admin rights
5Copy you cannot openSection 6"exclusively within the Company's portal"Labor Code 432; ESIGN / UETA
6Repayment clawbackSection 8"alleged breach… immediately repay"Labor Code 221; Civ Code 1717
7Void non-competeSection 912-month restriction on competing servicesBus & Prof Code 16600; AB 1076; SB 699
8One-way fee clauseSection 10"the Company shall be entitled"Civil Code 1717 makes it reciprocal

Now take the full training

Module 2 walks through every clause of a separation agreement in detail, with a printable checklist of words to circle in your own copy.