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Severance And Release Agreement
"I need a Severance and Release Agreement for a senior software developer being made redundant due to departmental restructuring, with the termination date set for March 15, 2025, including standard non-compete provisions and a severance package worth 12 weeks' pay."
1. Parties: Identification of the employer and employee parties to the agreement
2. Background: Context of the employment relationship and reason for termination
3. Definitions: Key terms used throughout the agreement
4. Termination Date: Specification of the employment end date and final working arrangements
5. Severance Payment: Details of the severance package, including amount, timing, and method of payment
6. Statutory Entitlements: Outline of statutory entitlements including annual leave, long service leave, and notice period payments
7. Tax Treatment: Explanation of how various payments will be treated for tax purposes
8. Release of Claims: Mutual release of claims between parties, subject to statutory limitations
9. Confidentiality: Obligations regarding confidential information and terms of the agreement
10. Non-Disparagement: Mutual obligations not to make derogatory statements about each other
11. Return of Company Property: Requirements and timeline for returning company assets and documents
12. Continuing Obligations: Surviving obligations from the employment agreement
13. General Provisions: Standard contract terms including governing law, entire agreement, and amendments
1. Post-Employment Restrictions: Non-compete and non-solicitation provisions, used for senior employees or those with access to sensitive information
2. Intellectual Property Assignment: Additional IP provisions for employees involved in creative or technical work
3. Reference and Announcement: Terms regarding employment references and internal/external announcements of departure
4. Outplacement Services: Details of any career transition support services provided
5. Equity/Share Rights: Treatment of existing share rights or options, for employees with equity compensation
6. Legal Advice: Acknowledgment of independent legal advice, particularly important for senior executives
7. Medicare Provisions: Required for agreements involving personal injury claims
8. Assistance with Transitions: Obligations to assist with handover and future inquiries
9. Garden Leave: Terms of any garden leave period before final termination
1. Schedule 1 - Payment Calculation: Detailed breakdown of all payment components including statutory entitlements, ex-gratia payments, and tax treatments
2. Schedule 2 - Company Property: Itemized list of company property to be returned
3. Schedule 3 - Release of Claims: Comprehensive list of specific claims being released
4. Schedule 4 - Continuing Obligations: Details of specific obligations that survive termination from the employment agreement
5. Appendix A - Deed of Release: Separate deed of release if required under state law or company policy
6. Appendix B - Certificate of Independent Legal Advice: Form for legal advisor to certify provision of independent advice
Authors
Financial Services
Technology
Manufacturing
Healthcare
Retail
Professional Services
Mining and Resources
Education
Construction
Telecommunications
Media and Entertainment
Transportation and Logistics
Energy
Agriculture
Government and Public Sector
Human Resources
Legal
Finance
Operations
Information Technology
Sales
Marketing
Administration
Research and Development
Customer Service
Production
Quality Assurance
Procurement
Business Development
Corporate Affairs
Chief Executive Officer
Chief Financial Officer
Managing Director
General Manager
Department Head
Senior Manager
Project Manager
Team Leader
Professional Staff
Technical Specialist
Sales Representative
Administrative Officer
Operations Manager
Human Resources Director
Legal Counsel
Department Manager
Executive Assistant
Business Analyst
Software Developer
Account Manager
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