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Separation And Release Agreement
"I need a Separation and Release Agreement for a senior executive who holds share options and will be leaving the company due to redundancy on March 1, 2025, with a 6-month non-compete clause and continued health insurance coverage for 3 months post-termination."
1. Parties: Identifies the employer and employee who are parties to the agreement
2. Background: Recitals explaining the context of the employment relationship and reason for separation
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 Payments: Details of all payments to be made, including final salary, severance, and benefits
6. Tax Treatment: Explains the tax implications of payments and responsibilities of each party
7. Company Property: Requirements for return of company property and documentation
8. Confidentiality Obligations: Ongoing obligations regarding confidential information
9. Employee Release: Employee's release of claims against the employer
10. Company Release: Company's release of claims against the employee
11. Reference and Announcements: Agreed approach to employment references and communication of departure
12. Post-Termination Restrictions: Confirmation of continuing restrictive covenants from employment contract
13. Legal Advice: Confirmation that employee had opportunity to obtain independent legal advice
14. Entire Agreement: Clause confirming this agreement supersedes previous agreements regarding the subject matter
15. Governing Law: Specifies Irish law as governing law and Irish courts' jurisdiction
1. Director Resignations: Required if employee holds director positions - includes resignation from all directorships
2. Share Treatment: Required if employee holds company shares or share options
3. Intellectual Property: Required if employee created IP during employment that needs specific handling
4. Garden Leave: Include if employee will be placed on garden leave before termination date
5. Outplacement Support: Include if company is providing career transition services
6. Medical Insurance: Include if continued medical coverage is being provided post-termination
7. Legal Costs: Include if company is contributing to employee's legal costs in reviewing agreement
8. Pension Arrangements: Required if specific pension-related provisions need to be addressed
9. Company Car: Include if employee has a company car requiring return or purchase arrangements
10. Ongoing Cooperation: Include if employee's assistance may be needed for specific matters post-termination
1. Schedule 1 - Payment Details: Detailed breakdown of all payments and benefits
2. Schedule 2 - Company Property: List of all company property to be returned
3. Schedule 3 - Post-Termination Restrictions: Full text of continuing restrictive covenants
4. Schedule 4 - Director Resignations: Forms of resignation from directorships
5. Schedule 5 - Claims Released: Comprehensive list of statutory and contractual claims being waived
6. Appendix A - Reference Letter: Agreed form of reference letter
7. Appendix B - Announcement: Agreed internal and external announcements regarding departure
Authors
Technology
Financial Services
Manufacturing
Retail
Healthcare
Professional Services
Construction
Education
Telecommunications
Media and Entertainment
Pharmaceuticals
Energy
Transportation
Hospitality
Real Estate
Human Resources
Legal
Finance
Operations
Sales
Marketing
Information Technology
Research and Development
Customer Service
Administration
Executive Leadership
Product Development
Business Development
Corporate Communications
Compliance
Chief Executive Officer
Chief Financial Officer
Managing Director
Department Head
Senior Manager
Executive Director
Vice President
General Manager
Regional Manager
Sales Director
Technical Director
Human Resources Director
Operations Manager
Project Manager
Senior Engineer
Financial Controller
Department Manager
Team Leader
Senior Consultant
Account Director
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