What Is a Severance Agreement?
Agreement providing severance compensation in exchange for a release of legal claims against the employer. In Ohio, this document must comply with state-specific requirements that differ from federal standards and from other states.
Employers offering severance to departing employees in Ohio faces unique legal requirements. Failing to use the correct Ohio-compliant version of this document exposes your business to liability up to $50,000 - $1,000,000+.
Ohio-Specific Severance Agreement Requirements
Ohio has specific requirements for severance agreements that go beyond federal minimums. All employers in Ohio must ensure their documents reflect current state law.
Key Ohio compliance points: Tip credit allowed. Small employers (gross receipts under $385K) may pay $7.25.
Ohio Compliance Snapshot
Download the Ohio Severance Agreement Checklist
A free checklist of every clause your Ohio severance agreement must include to be legally defensible in 2026.
Key Clauses Your Ohio Severance Agreement Must Include
A severance agreement that is missing any of these elements may be unenforceable or create liability in Ohio.
- Severance amount and timeline
- Release of claims
- ADEA waiver (21-day review for 40+)
- Non-disparagement
- COBRA notification
- Return of property
- Reference policy
Common Ohio Severance Agreement Mistakes That Lead to Lawsuits
- Using a generic template not customized for Ohio - state law overrides federal minimums
- Not updating the document when Ohio law changes (required per termination event)
- Failing to have employees sign and date the document before their start date
- Missing Ohio-required disclosures or notices that must be included
- Not retaining signed copies for the required retention period
Ohio Severance Agreement by Job Title
Different job roles require different clauses. Select your employee's job title to see a version customized for that role in Ohio.