The Confidentiality Agreement Employee Leaving is a crucial document used when an employee is departing from an organization, regardless of the reason for departure (resignation, termination, or retirement). It serves to protect sensitive business information, trade secrets, and intellectual property under Canadian federal and provincial laws. This agreement is particularly important in today's digital age where information can be easily transferred and stored. It typically includes provisions for the return of company property, ongoing confidentiality obligations, and specific requirements regarding the handling of sensitive information post-employment. The document should be presented to the employee prior to their last day of employment and should be reviewed alongside existing employment agreements and non-disclosure provisions to ensure consistency and enforceability.
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1. Parties: Identification of the employer and the departing employee
2. Background: Context of the agreement, including employment relationship and reason for departure
3. Definitions: Definitions of key terms including 'Confidential Information', 'Trade Secrets', 'Intellectual Property', and 'Company Property'
4. Acknowledgment of Confidentiality Obligations: Employee's acknowledgment of existing confidentiality obligations and their continuation post-employment
5. Scope of Confidential Information: Detailed description of what constitutes confidential information
6. Return of Company Property: Requirements and timeline for returning all company property, documents, and data
7. Ongoing Obligations: Specific continuing obligations regarding non-disclosure and non-use of confidential information
8. Breach and Remedies: Consequences of breaching the agreement and available remedies
9. Duration: Time period for which the confidentiality obligations remain in effect
10. General Provisions: Standard clauses including governing law, entire agreement, and severability
1. Trade Secrets Protection: Additional provisions specifically protecting trade secrets, used when employee had access to critical proprietary information
2. Customer Data Protection: Specific provisions regarding customer information, required when employee had access to customer databases
3. Intellectual Property Rights: Additional provisions regarding IP rights and assignments, used when employee was involved in IP creation
4. Non-Competition Acknowledgment: Reference to and acknowledgment of any existing non-compete obligations, used when employee is joining a competitor
5. Social Media and Digital Assets: Provisions regarding social media accounts and digital content, used when employee managed company social media or created digital content
6. Exit Interview Process: Requirements for exit interview and information handover process, used for senior positions or technical roles
1. Schedule A - Confidential Information List: Detailed list of specific confidential information the employee had access to
2. Schedule B - Company Property Checklist: Itemized list of company property to be returned
3. Schedule C - Project List: List of projects the employee worked on containing confidential information
4. Appendix 1 - Exit Procedures: Detailed procedures for the return of confidential information and company property
5. Appendix 2 - Certification of Return: Form for employee to certify all confidential information and company property has been returned
Relevant legal definitions
Clauses
Relevant Industries
Technology
Healthcare
Financial Services
Professional Services
Manufacturing
Biotechnology
Research and Development
Retail
Telecommunications
Energy
Media and Entertainment
Consulting
Education
Pharmaceuticals
Relevant Teams
Human Resources
Legal
Information Technology
Research and Development
Sales
Marketing
Operations
Finance
Product Development
Customer Service
Executive Leadership
Administration
Quality Assurance
Business Development
Engineering
Relevant Roles
Chief Executive Officer
Senior Manager
Software Developer
Research Scientist
Financial Analyst
Human Resources Manager
Sales Representative
Product Manager
Data Analyst
Marketing Director
Operations Manager
Project Manager
Technical Lead
Business Development Manager
Customer Service Representative
Administrative Assistant
Research and Development Engineer
Account Manager
Systems Administrator
Executive Assistant
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