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Healthy Separation Agreement
"I need a Healthy Separation Agreement for a senior technical director departing on March 1, 2025, including provisions for unvested stock options, ongoing consultancy arrangements for 6 months, and protection of intellectual property developed during their tenure."
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 mutual decision to separate
3. Definitions: Defines key terms used throughout the agreement
4. Termination Date: Specifies the official end date of employment and final working day
5. Separation Terms: Details the core terms of the separation including notice period and transition arrangements
6. Financial Settlement: Outlines all financial elements including final salary, leave entitlements, and any additional payments
7. Tax Treatment: Specifies the tax handling of various payment components
8. Mutual Obligations: Details the responsibilities of both parties during the transition period
9. Return of Property: Lists company property to be returned and timeline
10. Confidentiality: Outlines ongoing confidentiality obligations
11. Non-Disparagement: Mutual commitment to maintain professional communication about the separation
12. Release and Waiver: Mutual release of claims, subject to terms of the agreement
13. References: Agreement on the handling of future employment references
14. Governing Law: Specifies that Australian law governs the agreement
15. Execution: Signing provisions and attestation
1. Post-Employment Restrictions: Non-compete and non-solicitation provisions, if applicable to the role
2. Intellectual Property: Specific IP provisions for roles involving creation of IP
3. Ongoing Cooperation: Terms for future assistance in litigation or knowledge transfer, if needed
4. Benefits Continuation: Details of any benefits extending beyond termination
5. Equity/Share Treatment: Handling of stock options or share schemes if applicable
6. Outplacement Services: Details of career transition support if provided
7. Legal Advice: Acknowledgment of independent legal advice if provided
8. Media Communication: Specific provisions for public announcements if needed for senior roles
9. Garden Leave: Terms of garden leave if applicable during notice period
1. Schedule 1 - Financial Entitlements: Detailed breakdown of all financial components including calculations
2. Schedule 2 - Company Property: Itemized list of company property to be returned
3. Schedule 3 - Handover Plan: Detailed transition plan and knowledge transfer requirements
4. Appendix A - Deed of Release: Formal release of claims document
5. Appendix B - Reference Letter: Agreed form of reference letter if applicable
6. Appendix C - Announcement Template: Approved internal/external communication templates if required
Authors
Professional Services
Financial Services
Technology
Healthcare
Education
Manufacturing
Retail
Telecommunications
Mining and Resources
Construction
Legal Services
Consulting
Media and Entertainment
Real Estate
Non-Profit
Human Resources
Legal
Executive Leadership
Finance
Operations
Sales
Marketing
Information Technology
Research and Development
Business Development
Product Development
Customer Service
Administration
Strategy
Chief Executive Officer
Senior Executive
Department Manager
Project Manager
Senior Professional
Technical Specialist
Senior Sales Representative
Business Development Manager
Financial Controller
Operations Manager
Human Resources Director
Legal Counsel
Marketing Director
Research Scientist
Senior Engineer
Product Manager
Account Director
Department Head
Regional Manager
Senior Consultant
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