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Non Compete In Severance Agreement Template for Canada

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Key Requirements PROMPT example:

Non Compete In Severance Agreement

"I need a Non Compete In Severance Agreement for our departing Chief Technology Officer, who has had access to our AI development roadmap and key technical innovations, with a 12-month restriction period starting March 2025 and covering the Canadian AI industry."

Document background
The Non-Compete in Severance Agreement is a critical document used in Canadian employment law when terminating employees in positions with access to sensitive business information or significant client relationships. This agreement type is particularly relevant in today's highly competitive business environment, where protection of trade secrets, customer relationships, and proprietary information is crucial. The document must be carefully structured to comply with Canadian federal and provincial employment standards, with special attention to recent legislative changes affecting non-compete enforceability. It typically includes detailed provisions for severance compensation, specific restrictions on post-employment competitive activities, and clear definitions of protected business interests. The agreement must balance the employer's need to protect legitimate business interests with the employee's right to earn a living, ensuring all non-compete provisions meet the reasonableness standards established by Canadian courts.
Suggested Sections

1. Parties: Identification of the employer and employee, including full legal names and addresses

2. Background: Brief history of employment relationship, context of termination, and purpose of agreement

3. Definitions: Key terms used throughout the agreement, including 'Competitive Business', 'Restricted Period', 'Territory', and 'Confidential Information'

4. Severance Payment: Details of severance amount, payment schedule, and conditions for payment

5. Non-Competition Covenant: Specific restrictions on competitive activities, including duration and geographic scope

6. Non-Solicitation Obligations: Restrictions on soliciting employees, customers, or suppliers

7. Confidentiality Obligations: Ongoing obligations regarding confidential information and trade secrets

8. Return of Property: Requirements for returning company property and documents

9. Release and Waiver: Mutual release of claims related to employment and termination

10. Survival of Obligations: Specification of which obligations continue post-termination

11. Governing Law: Specification of applicable Canadian jurisdiction and law

12. Execution: Signature blocks and witnessing requirements

Optional Sections

1. Continuation of Benefits: Details of any extended health benefits or insurance coverage, used when offering benefits beyond the termination date

2. Equity Compensation: Treatment of stock options or other equity-based compensation, included when employee has equity interests

3. Outplacement Services: Details of any career transition support services offered, included when part of severance package

4. Reference Letter: Terms regarding employment references and communications about departure, used when agreed upon

5. Tax Indemnification: Provisions regarding tax treatment of payments, included for higher-value severance packages

6. Cooperation in Transition: Requirements for knowledge transfer and transition assistance, used for senior roles

7. Dispute Resolution: Alternative dispute resolution procedures, included when specific resolution mechanisms are desired

8. Garden Leave: Provisions for paid non-compete period, used in senior executive agreements

Suggested Schedules

1. Schedule A - Severance Calculation: Detailed breakdown of severance payment calculation including salary, benefits, and other compensation

2. Schedule B - Restricted Territory: Detailed description or map of geographic areas covered by non-compete restrictions

3. Schedule C - Competitive Businesses: List of specific competitors or types of businesses covered by non-compete

4. Schedule D - Company Property Checklist: Itemized list of company property to be returned

5. Appendix 1 - Statutory Declaration: Form of statutory declaration confirming compliance with return of property and confidentiality obligations

6. Appendix 2 - Release Form: Detailed release of claims form to be executed by employee

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions



































Clauses






























Relevant Industries

Technology

Financial Services

Professional Services

Healthcare

Manufacturing

Telecommunications

Consulting

Pharmaceuticals

Retail (Senior Management)

Energy

Mining

Software Development

Biotechnology

Engineering Services

Relevant Teams

Legal

Human Resources

Executive Leadership

Sales

Business Development

Research & Development

Product Development

Client Services

Operations

Information Technology

Finance

Strategy

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Sales Director

Senior Software Engineer

Account Executive

Regional Manager

Product Manager

Technical Lead

Senior Consultant

Business Development Manager

Research Director

Vice President of Operations

Chief Technology Officer

Senior Client Partner

Department Head

Managing Director

Industries








Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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