Minnesota Severance Agreements: Drafting Rules

Fri, 24 Apr 2026 00:00:00 +0000

A Minnesota severance agreement that survives challenge does two things at once. It satisfies federal Age Discrimination in Employment Act (“ADEA”) release rules under the Older Workers Benefit Protection Act (“OWBPA”), and it satisfies state-specific procedural rules in Minn. Stat. § 363A.31 that have no federal counterpart. Either gap can void the release. This article walks through the drafting rules a Minnesota employer needs in front of them before sending an offer: the OWBPA validity floor, the Minnesota Human Rights Act (“MHRA”) 15-day rescission rule, the consideration requirement, the final-pay statutes that interact with the severance payment timing, the post-2023 noncompete prohibition, and the scope of claims a release can validly reach. Hall PC drafts and reviews these agreements for Minnesota employers; the employment practice hub collects related material.

Employment on Aaron Hall, Attorney

Minnesota Severance Agreements: Drafting Rules