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Mutual Severance Agreement
"I need a Mutual Severance Agreement for a senior software developer in our Toronto tech startup who will be leaving amicably on March 1, 2025, including provisions for ongoing consultancy work and treatment of unvested stock options."
1. Parties: Identification of the employer and employee entering into the agreement
2. Background: Context of the employment relationship and mutual decision to terminate
3. Definitions: Key terms used throughout the agreement
4. Termination Date: Specific date of employment termination and final working day
5. Severance Payment: Amount, timing, and method of severance payment(s)
6. Statutory Deductions: Tax and other mandatory deductions from severance payments
7. Benefits Continuation: Details of any continued benefits and their duration
8. Return of Company Property: Requirements and timeline for returning company assets
9. Confidentiality Obligations: Ongoing duties regarding confidential information
10. Release of Claims: Mutual release of legal claims between parties
11. Reference Letter: Terms regarding employment references
12. Non-Disparagement: Mutual agreements regarding future communications about each party
13. Governing Law: Applicable jurisdiction and legal framework
14. Entire Agreement: Integration clause confirming this as the complete agreement
15. Execution: Signature blocks and attestation requirements
1. Outplacement Services: Terms of career transition support, if provided
2. Stock Options/Equity: Treatment of outstanding equity compensation, if applicable
3. Bonus Payment: Terms regarding pro-rated or outstanding bonus payments
4. Non-Competition: Post-employment competitive restrictions, if required
5. Non-Solicitation: Restrictions on soliciting employees or customers
6. Cooperation in Transition: Terms for knowledge transfer and transition assistance
7. Immigration Status: Implications for work permits or immigration status if applicable
8. Personal Information Privacy: Specific privacy terms if handling sensitive data
9. Legal Counsel Acknowledgment: Confirmation of independent legal advice
10. Survival: Specification of which provisions survive agreement termination
1. Schedule A - Severance Calculation: Detailed breakdown of severance payment calculation
2. Schedule B - Benefits Summary: Detailed list of continued benefits and coverage periods
3. Schedule C - Company Property Checklist: Itemized list of company property to be returned
4. Schedule D - Release Terms: Detailed terms of mutual release and exceptions
5. Appendix 1 - Reference Letter: Agreed form of reference letter
6. Appendix 2 - Confidential Information: Detailed description of confidential information covered
7. Appendix 3 - Outstanding Equity Details: Schedule of outstanding stock options or equity compensation
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