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Termination Agreement
"I need a Termination Agreement for a senior software developer who is leaving by mutual agreement on March 15, 2025, with ongoing confidentiality obligations and a 6-month non-compete clause for the Auckland region."
1. Parties: Identifies and defines the employer and employee who are parties to the agreement
2. Background: Outlines the context of the employment relationship and the circumstances leading to termination
3. Definitions: Defines key terms used throughout the agreement
4. Termination Date: Specifies the official end date of employment and last working day if different
5. Final Payment: Details the breakdown of final payment including salary, holiday pay, and other entitlements
6. Company Property: Lists company property to be returned and deadline for return
7. Confidentiality: Confirms ongoing obligations regarding confidential information
8. Non-Disparagement: Mutual obligations not to make disparaging remarks about each other
9. Release and Waiver: Mutual release of claims and waiver of rights to future claims
10. Tax: Clarifies tax treatment of payments and responsibilities
11. Governing Law: Specifies New Zealand law as governing law and jurisdiction
12. Execution: Signature blocks and execution details
1. Post-Employment Restrictions: Include when existing restraint of trade or non-compete obligations need to be addressed or modified
2. References: Include when parties agree on the content and format of future employment references
3. Ongoing Cooperation: Include when employee's assistance may be needed for transition or future matters
4. Insurance and Benefits: Include when addressing continuation or termination of insurance coverage or other benefits
5. Intellectual Property: Include when specific IP rights need to be addressed or transferred
6. Legal Advice: Include when confirming that parties have had opportunity to seek independent legal advice
7. Outplacement Support: Include when employer is providing career transition or outplacement services
8. Garden Leave: Include when employee will be on garden leave before final termination date
1. Schedule 1 - Final Payment Calculation: Detailed breakdown of all final payments including holiday pay, outstanding wages, and any special payments
2. Schedule 2 - Company Property List: Comprehensive list of company property to be returned
3. Schedule 3 - Continuing Obligations: Details of any ongoing obligations from the employment agreement that survive termination
4. Appendix A - Reference Letter: Agreed form of reference letter if applicable
5. Appendix B - Handover Plan: Detailed plan for handover of responsibilities if applicable
Authors
Technology
Financial Services
Healthcare
Manufacturing
Retail
Professional Services
Education
Construction
Hospitality
Transportation
Energy
Agriculture
Mining
Telecommunications
Media and Entertainment
Public Sector
Non-Profit
Human Resources
Legal
People Operations
Employee Relations
Compliance
Senior Management
Administration
Corporate Services
Risk Management
HR Manager
HR Director
Legal Counsel
Employment Lawyer
HR Business Partner
Chief Human Resources Officer
People Operations Manager
Employee Relations Manager
HR Coordinator
Compliance Officer
General Manager
Department Manager
Chief Executive Officer
Managing Director
Company Secretary
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