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Termination Waiver Agreement
"I need a Termination Waiver Agreement for a senior software developer who is being let go as part of a company restructure, with a settlement payment of $75,000 and continuing obligations regarding intellectual property and client confidentiality."
1. Parties: Identifies and defines all parties to the agreement, including full legal names and addresses
2. Background: Sets out the context of the agreement, including reference to the employment relationship and circumstances leading to termination
3. Definitions: Defines key terms used throughout the agreement
4. Termination Acknowledgment: Confirms the termination date and circumstances of the employment relationship
5. Waiver Provisions: Details the specific rights, claims, and entitlements being waived by the employee
6. Consideration: Specifies the payment or other consideration being provided in exchange for the waiver
7. Surviving Obligations: Outlines any obligations that continue after termination (e.g., confidentiality, intellectual property)
8. Release and Indemnity: Contains mutual releases and any indemnification provisions
9. Non-Admission: States that the agreement does not constitute an admission of liability by either party
10. Confidentiality: Sets out the confidentiality obligations regarding the agreement and its terms
11. Entire Agreement: Confirms this document represents the complete agreement between parties
12. Governing Law: Specifies that New Zealand law governs the agreement
13. Execution: Signature blocks and execution details
1. Return of Company Property: Include when there is company property to be returned by the employee
2. References: Include when parties agree on the provision of employment references
3. Post-Termination Restrictions: Include when enforcing or modifying existing post-employment restrictions
4. Tax Indemnity: Include when tax implications of the termination payment need to be addressed
5. Legal Advice: Include when confirming that independent legal advice has been obtained
6. Mutual Non-Disparagement: Include when parties agree not to make negative statements about each other
7. Future Cooperation: Include when employee's assistance may be needed for transition or future matters
1. Schedule 1 - Payment Details: Detailed breakdown of all payments and benefits to be provided
2. Schedule 2 - Company Property: List of company property to be returned
3. Schedule 3 - Continuing Obligations: Details of any ongoing obligations from the employment agreement that survive termination
4. Appendix A - Legal Advice Certificate: Certificate from legal advisor confirming independent advice was provided
5. Appendix B - Reference Letter: Agreed form of reference letter if applicable
Authors
Business Day
Claims
Company
Confidential Information
Effective Date
Employee
Employment Agreement
Final Payment
Intellectual Property Rights
Notice Period
Parties
Personnel
Release
Settlement Sum
Termination Date
Termination Payment
Waiver
Company Property
Continuing Obligations
Group
Related Companies
Relevant Period
Personal Grievance
Statutory Claims
Waiver
Release
Payment
Confidentiality
Non-Disparagement
Property Return
Intellectual Property
Non-Competition
Non-Solicitation
Legal Compliance
Tax
Indemnification
Severance
Surviving Obligations
Governing Law
Jurisdiction
Entire Agreement
Acknowledgment
Independent Legal Advice
Further Assurance
Severability
Amendment
Assignment
Notices
Counterparts
Good Faith
Dispute Resolution
References
Financial Services
Technology
Manufacturing
Professional Services
Retail
Healthcare
Education
Construction
Mining
Agriculture
Telecommunications
Media and Entertainment
Transportation
Energy
Real Estate
Human Resources
Legal
Compliance
Employee Relations
Executive Leadership
Operations
Risk Management
Administration
Corporate Governance
HR Director
HR Manager
Legal Counsel
Employment Lawyer
HR Business Partner
Chief Human Resources Officer
General Manager
Department Manager
Chief Executive Officer
Operations Manager
Risk Manager
Compliance Officer
Employee Relations Manager
HR Administrator
Chief Legal Officer
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