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Employee Non Compete Agreement
"I need an Employee Non-Compete Agreement for a senior software engineer in our Sydney-based technology company, specifically restricting work with competitors in the AI and machine learning space across Australia and New Zealand for 12 months post-employment."
1. Parties: Identification of the employer and employee, including full legal names and addresses
2. Background: Context of the agreement, including the employee's role and access to confidential information
3. Definitions: Key terms including 'Confidential Information', 'Competitive Activity', 'Restricted Period', 'Restricted Area', and 'Business'
4. Non-Compete Obligations: Core restrictions on competitive activities during and after employment
5. Non-Solicitation: Restrictions on soliciting customers, employees, or suppliers
6. Confidentiality: Obligations regarding confidential information and trade secrets
7. Duration and Geographic Scope: Specific timeframes and geographical areas for restrictions
8. Acknowledgments: Employee acknowledgments of reasonableness and necessity of restrictions
9. Severability: Provisions for severing unenforceable terms while maintaining others
10. Governing Law: Specification of Australian law and relevant jurisdiction
11. Execution: Signature blocks and execution requirements
1. Garden Leave: Optional provisions for paid non-compete period during employment term
2. Consideration: Specific compensation for non-compete obligations, if provided separately from employment compensation
3. Intellectual Property: Additional provisions regarding IP rights and developments
4. Dispute Resolution: Specific procedures for resolving disputes before litigation
5. Independent Legal Advice: Acknowledgment of receiving or having the opportunity to receive independent legal advice
6. Survival Clause: Specifying which provisions survive termination of employment
1. Schedule 1 - Restricted Activities: Detailed list of specific activities the employee is restricted from performing
2. Schedule 2 - Geographic Regions: Detailed maps or descriptions of restricted geographical areas
3. Schedule 3 - Restricted Clients/Customers: List of specific clients or customer categories covered by restrictions
4. Appendix A - Compensation Details: Details of any specific compensation for non-compete obligations
5. Appendix B - Confidential Information: Detailed description of types of confidential information covered
Authors
Technology
Professional Services
Financial Services
Healthcare
Manufacturing
Retail
Telecommunications
Consulting
Pharmaceuticals
Media and Entertainment
Real Estate
Engineering
Research and Development
Human Resources
Legal
Executive Leadership
Sales
Business Development
Research and Development
Product Development
Client Services
Operations
Information Technology
Strategy
Marketing
Chief Executive Officer
Chief Technology Officer
Sales Director
Senior Software Engineer
Account Manager
Business Development Manager
Research Scientist
Product Manager
Technical Lead
Senior Consultant
Financial Advisor
Regional Manager
Head of Strategy
Chief Marketing Officer
Senior Account Executive
Principal Engineer
Head of Sales
Senior Project Manager
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