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Non Disparagement Employment Agreement
"I need a mutual Non Disparagement Employment Agreement for a senior executive in the financial services sector in Sydney, Australia, which will commence from March 1, 2025, and include specific provisions for social media restrictions and post-employment obligations."
1. Parties: Identifies and defines the employer and employee parties to the agreement
2. Background: Sets out the context and purpose of the agreement
3. Definitions: Defines key terms used throughout the agreement, including what constitutes 'disparagement'
4. Duration: Specifies the term of the agreement, including whether it survives employment termination
5. Non-Disparagement Obligations: Details the core mutual obligations regarding non-disparagement, including specific prohibited actions and communications
6. Permitted Communications: Outlines exceptions where communications are allowed, such as legal proceedings or regulatory requirements
7. Social Media and Online Communications: Specific provisions regarding online behavior and social media posts
8. Confidentiality: Provisions regarding the confidential nature of the agreement itself
9. Breach and Remedies: Consequences of breaching the agreement and available remedies
10. General Provisions: Standard boilerplate clauses including governing law, entire agreement, and severability
1. Third Party Coverage: Extends protection to related entities, officers, directors, and other specified individuals - used when broader protection is needed
2. Post-Employment Obligations: Specific provisions for after employment ends - used when agreement needs to survive employment termination
3. Dispute Resolution Process: Detailed procedure for handling disputes - used in high-risk situations or senior executive agreements
4. Mutual vs One-Way Obligations: Specific structure for one-way obligations - used when agreement is intended to bind only one party
5. Return of Company Property: Provisions regarding return of materials containing sensitive information - used when employee has access to significant company property
6. Public Statements: Protocol for making public statements - used for senior positions or public-facing roles
1. Schedule 1 - Protected Parties: List of specific individuals and entities protected by the non-disparagement provisions
2. Schedule 2 - Prohibited Communications: Detailed examples of communications that would constitute breach
3. Schedule 3 - Social Media Platforms: Specific social media platforms and online forums covered by the agreement
4. Appendix A - Acknowledgment Form: Form for employee to acknowledge understanding and acceptance of obligations
5. Appendix B - Reporting Procedures: Procedures for reporting potential breaches or seeking clarification on obligations
Authors
Commencement Date
Company
Confidential Information
Disparagement
Employee
Employer
Employment
Group
Intellectual Property
Non-Disparagement Obligation
Permitted Communications
Protected Parties
Related Bodies Corporate
Representatives
Restricted Period
Social Media
Termination Date
Third Party
Prohibited Communications
Working Hours
Workplace
Business Day
Governing Law
Public Statement
Serious Misconduct
Duration
Non-Disparagement Obligations
Mutual Obligations
Permitted Communications
Prohibited Communications
Social Media
Confidentiality
Intellectual Property
Third Party Rights
Breach and Remedies
Dispute Resolution
Termination
Survival of Obligations
Severability
Entire Agreement
Variation
Assignment
Notices
Governing Law
Jurisdiction
Force Majeure
Waiver
Good Faith
Costs
Counterparts
Financial Services
Technology
Healthcare
Professional Services
Media and Entertainment
Education
Retail
Manufacturing
Consulting
Government
Non-Profit Organizations
Telecommunications
Human Resources
Legal
Public Relations
Marketing
Executive Leadership
Sales
Customer Service
Operations
Finance
Business Development
Communications
Chief Executive Officer
Senior Executive
Director
Manager
Public Relations Officer
Human Resources Manager
Sales Representative
Customer Service Representative
Marketing Manager
Department Head
Project Manager
Technical Lead
Financial Controller
Operations Manager
Business Development Manager
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