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Termination By Agreement
"I need a Termination by Agreement for a senior software developer in New Zealand who will be leaving on March 15, 2025, with garden leave provisions and specific clauses about ongoing technical knowledge transfer."
1. Parties: Identifies and defines all parties to the agreement, including full legal names and relevant details
2. Background: Sets out the context of the employment relationship and mutual decision to terminate
3. Definitions: Defines key terms used throughout the agreement
4. Termination Date: Specifies the effective date of employment termination
5. Final Payment: Details the final payment amount and its components (salary, holiday pay, etc.)
6. Mutual Release: Contains mutual releases from claims and obligations
7. Confidentiality: Confirms ongoing confidentiality obligations post-termination
8. Return of Property: Requirements for returning company property
9. Tax Treatment: Clarifies tax treatment of payments
10. Execution: Signature blocks and execution requirements
1. Garden Leave: Include when the employee will be paid but not required to work during notice period
2. Post-Employment Restrictions: Include when enforcing existing or new non-compete/non-solicitation provisions
3. Reference: Include when agreeing to provide a reference and its terms
4. Outplacement Support: Include when providing career transition services
5. Share Options/Benefits: Include when addressing treatment of existing share options or benefits
6. Ongoing Cooperation: Include when requiring employee assistance post-termination
7. Public Announcements: Include when parties need to agree on external communications
8. Legal Advice: Include when confirming independent legal advice has been obtained
1. Schedule 1 - Final Payment Calculation: Detailed breakdown of all payment components
2. Schedule 2 - Company Property List: Itemized list of company property to be returned
3. Schedule 3 - Continuing Obligations: List of obligations from employment agreement that survive termination
4. Appendix A - Agreed Reference Letter: Template or final version of agreed reference letter if applicable
5. Appendix B - Settlement and Release Terms: Detailed terms of mutual release and settlement
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Technology
Financial Services
Healthcare
Manufacturing
Retail
Professional Services
Education
Construction
Hospitality
Mining and Resources
Agriculture
Transportation and Logistics
Media and Entertainment
Telecommunications
Energy
Human Resources
Legal
Finance
Operations
Administration
Executive Leadership
Compliance
Risk Management
Chief Executive Officer
Managing Director
General Manager
Department Manager
Senior Executive
Professional Staff
Administrative Staff
Technical Specialist
Sales Representative
Operations Manager
Project Manager
Human Resources Manager
Financial Controller
Legal Counsel
Department Head
Team Leader
Supervisor
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