The Employee Termination Confidentiality Agreement is a crucial document used in New Zealand employment contexts when an employee's employment relationship is ending, whether through resignation, redundancy, or other circumstances. This agreement is particularly important for organizations that need to protect sensitive business information, trade secrets, customer data, and intellectual property after an employee departs. It builds upon any existing confidentiality obligations in the original employment agreement but provides more specific and comprehensive protection tailored to the post-employment context. The agreement must comply with New Zealand employment law principles, including the Employment Relations Act 2000 and Privacy Act 2020, ensuring that confidentiality requirements are reasonable and do not unfairly restrict the employee's future employment opportunities. It is typically presented during the termination process and forms part of the formal separation documentation.
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1. Parties: Identifies the employer and the departing employee who are entering into the agreement
2. Background: Explains the context of the agreement, including reference to the employment termination and the employee's access to confidential information during employment
3. Definitions: Defines key terms including 'Confidential Information', 'Trade Secrets', 'Intellectual Property', and other relevant terms
4. Acknowledgment of Prior Obligations: References existing confidentiality obligations from the employment agreement and confirms their continuing effect
5. Scope of Confidential Information: Detailed description of what constitutes confidential information covered by the agreement
6. Confidentiality Obligations: Specifies the employee's obligations regarding non-disclosure, non-use, and protection of confidential information
7. Return of Company Property: Requirements for returning all company documents, data, and materials containing confidential information
8. Duration of Obligations: Specifies how long the confidentiality obligations remain in effect
9. Permitted Disclosures: Outlines circumstances where disclosure is permitted (e.g., legal requirements, whistleblowing)
10. Breach and Remedies: Describes consequences of breach and available remedies
11. General Provisions: Standard contract clauses including governing law, entire agreement, and severability
1. Non-Disparagement: Optional clause preventing parties from making negative statements about each other, used when there's concern about potential reputational damage
2. Future Cooperation: Optional section outlining any requirements for the employee to assist with transition or future inquiries, used when the employee held a key position
3. Reference and Announcements: Optional section addressing how the departure will be communicated and what references will be provided, used when parties want to agree on public messaging
4. Survival of Other Obligations: Optional section specifically addressing other post-employment obligations that survive termination, used when there are other relevant agreements in place
5. Third Party Information: Optional section specifically addressing confidential information belonging to clients or business partners, used when the employee had access to third party confidential information
1. Schedule 1 - List of Confidential Information: Detailed inventory of specific confidential information, trade secrets, and proprietary information the employee had access to
2. Schedule 2 - Company Property Checklist: Itemized list of physical and digital company property to be returned
3. Schedule 3 - Acknowledgment of Return: Form to be signed confirming return of all company property and confidential information
4. Appendix A - Existing Confidentiality Provisions: Relevant excerpts from the original employment agreement or other confidentiality agreements
Relevant legal definitions
Clauses
Relevant Industries
Technology
Financial Services
Healthcare
Professional Services
Manufacturing
Research and Development
Retail
Telecommunications
Biotechnology
Education
Legal Services
Mining
Energy
Construction
Media and Entertainment
Relevant Teams
Human Resources
Legal
Information Technology
Research and Development
Executive Leadership
Sales
Finance
Operations
Marketing
Product Development
Customer Service
Business Development
Engineering
Administration
Relevant Roles
Chief Executive Officer
Chief Technology Officer
Senior Software Engineer
Research Scientist
Product Manager
Sales Director
Financial Controller
Human Resources Manager
Legal Counsel
Operations Manager
Business Development Manager
Marketing Director
Project Manager
Data Analyst
Systems Administrator
Account Manager
Research and Development Director
Department Head
Executive Assistant
Technical Lead
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