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Employment Termination Agreement
"I need an Employment Termination Agreement for a senior software developer who has agreed to a mutual separation, with the employment to end on March 15, 2025, including standard confidentiality provisions and an agreed reference letter."
1. Parties: Identifies the employer and employee who are parties to the agreement
2. Background: Outlines the context of the employment relationship and the circumstances leading to termination
3. Definitions: Defines key terms used throughout the agreement
4. Termination Date: Specifies the official end date of employment
5. Final Payment: Details the final payment including salary, holiday pay, and other entitlements
6. Company Property: Lists company property to be returned and deadline for return
7. Confidentiality: Confirms ongoing obligations regarding confidential information
8. Non-Disparagement: Mutual agreement not to make derogatory statements about each other
9. Release of Claims: Mutual release of claims between parties
10. Tax Treatment: Clarifies tax treatment of payments
11. Governing Law: Confirms New Zealand law governs the agreement
12. Execution: Signature blocks and date of agreement
1. Redundancy Payment: Required when termination is due to redundancy, specifying the amount and calculation method
2. Reference: Terms regarding the provision of employment references or statements of service
3. Post-Employment Restrictions: Details any ongoing restraints of trade or non-compete obligations
4. Outplacement Support: Details of any career transition or outplacement services provided
5. Medical Insurance: Arrangements for continuation or termination of medical insurance benefits
6. Share Options/Investment: Treatment of any employee share schemes or investment arrangements
7. Legal Advice: Acknowledgment that the employee has received independent legal advice
8. Garden Leave: Terms of any garden leave period prior to final termination
1. Schedule 1 - Final Payment Calculation: Detailed breakdown of final payment including salary, holiday pay, and other entitlements
2. Schedule 2 - Company Property List: Itemized list of company property to be returned
3. Schedule 3 - Ongoing Obligations: Detailed list of continuing obligations post-employment
4. Appendix A - Employee Benefits Summary: Summary of treatment of various employee benefits upon termination
5. Appendix B - Reference Letter: Agreed form of reference letter or statement of service if applicable
Authors
Company
Confidential Information
Effective Date
Employee
Employer
Final Payment
Holiday Pay
Intellectual Property
KiwiSaver Contributions
Notice Period
Parties
Personal Grievance
Restraint of Trade
Termination Date
Company Property
Accrued Benefits
Release
Claims
Outstanding Entitlements
Redundancy Payment
Garden Leave
Business Day
Surviving Obligations
Confidentiality Obligations
Non-Disparagement
Termination
Final Payment
Tax Treatment
Holiday Pay
Return of Property
Confidentiality
Non-Disparagement
Intellectual Property
Release of Claims
References
Post-Employment Restrictions
Non-Competition
Non-Solicitation
Severance Payment
Legal Costs
Mutual Release
Governing Law
Entire Agreement
Severability
Amendment
Assignment
Notices
Good Faith
Warranties
Further Assurance
Survival of Obligations
Dispute Resolution
KiwiSaver
Employee Benefits
Restraint of Trade
Garden Leave
Technology
Financial Services
Manufacturing
Retail
Healthcare
Education
Professional Services
Construction
Hospitality
Transportation
Agriculture
Mining
Energy
Telecommunications
Media and Entertainment
Human Resources
Legal
Compliance
Executive Leadership
Administration
Corporate Services
Employee Relations
Talent Management
Personnel Management
HR Manager
HR Director
Legal Counsel
Employment Lawyer
HR Business Partner
Chief Human Resources Officer
Personnel Manager
Employee Relations Manager
HR Administrator
Compliance Officer
General Manager
Department Manager
Chief Executive Officer
Managing Director
Company Secretary
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