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Work Separation Agreement
"I need a Work Separation Agreement for a senior software developer who is leaving amicably to join a competitor, with a 3-month garden leave period starting March 2025 and standard non-compete clauses."
1. Parties: Identification of employer and employee
2. Background: Context of employment and reason for separation
3. Definitions: Key terms used throughout the agreement
4. Termination Date: Specific date employment ends and confirmation of employment termination
5. Final Payment: Details of final salary, accrued holiday pay, expenses and other contractual payments
6. Settlement Payment: Amount and terms of any additional payment including payment timing and conditions
7. Tax Treatment: Tax implications of payments and tax indemnities
8. Waiver of Claims: Employee's waiver of employment-related claims and statutory rights
1. Garden Leave: Terms and conditions of garden leave period including duties and restrictions
2. Post-termination Restrictions: Confirmation of ongoing restrictive covenants and non-compete obligations
3. Company Property: Requirements for return of company assets, documents and confidential information
4. Reference: Terms of future employment references and internal/external announcements
5. Confidentiality: Obligations regarding confidentiality of agreement terms and company information
6. Legal Costs: Provisions for payment of legal fees for independent advice
1. Schedule 1 - Claims: Comprehensive list of statutory and contractual claims being settled
2. Schedule 2 - Payment Calculation: Detailed breakdown of settlement payment and other financial entitlements
3. Appendix 1 - Adviser's Certificate: Independent legal adviser's certification of advice given
4. Appendix 2 - Reference Template: Agreed form of reference for future employment enquiries
5. Schedule 3 - Company Property: Itemized list of company property to be returned
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