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Employee Non Solicitation Agreement
"I need an Employee Non-Solicitation Agreement for our Sydney-based technology startup with 50 employees, focusing particularly on protecting our development team and including a 12-month restriction period starting from January 2025."
1. Parties: Identifies and defines the employer and employee parties to the agreement
2. Background: Sets out the context of the agreement, including the employee's role and access to confidential information
3. Definitions: Defines key terms including 'solicitation', 'restricted period', 'confidential information', 'customer', and 'employee'
4. Non-Solicitation of Employees: Core provisions prohibiting the solicitation or attempted solicitation of other employees
5. Duration and Geographic Scope: Specifies the time period and geographic area where the restrictions apply
6. Legitimate Business Interests: Establishes the legitimate business interests being protected by the agreement
7. Acknowledgments: Employee acknowledgments regarding reasonableness of restrictions and receipt of consideration
8. Remedies for Breach: Outlines the consequences and remedies available in case of breach
9. Severability: Ensures survival of remaining provisions if any provision is found invalid
10. Governing Law: Specifies that Australian law governs the agreement
11. Execution: Formal execution provisions and signature blocks
1. Non-Solicitation of Customers: Additional provisions preventing solicitation of customers - used when employee has significant customer contact
2. Confidentiality Obligations: Detailed confidentiality provisions - used when not covered in a separate agreement
3. Garden Leave: Provisions for garden leave during notice period - used for senior employees
4. Independent Legal Advice: Acknowledgment of receiving independent legal advice - used for more senior positions or complex restrictions
5. Consideration: Specific details of consideration provided - used when additional consideration beyond continued employment is provided
6. Reporting Obligations: Requirements to report new employment - used for senior roles or high-risk situations
7. Survival of Obligations: Specifies which obligations survive termination - used in more complex agreements
1. Schedule 1 - Restricted Employees: List of specific employees or employee categories that cannot be solicited
2. Schedule 2 - Restricted Territory: Detailed description of the geographic area where restrictions apply
3. Schedule 3 - Consideration Details: Specific details of any consideration provided for the restrictions
4. Appendix A - Acknowledgment Form: Form for employee to acknowledge understanding and acceptance of terms
5. Appendix B - Exit Interview Reminder: Reminder of obligations to be provided during exit interview
Authors
Professional Services
Financial Services
Technology
Healthcare
Consulting
Manufacturing
Retail
Telecommunications
Mining and Resources
Education
Legal Services
Engineering
Construction
Biotechnology
Marketing and Advertising
Human Resources
Legal
Senior Management
Sales
Business Development
Client Relations
Operations
Research and Development
Engineering
Product Development
Professional Services
Consulting
Account Management
Executive Leadership
Chief Executive Officer
Managing Director
Department Head
Senior Manager
Team Leader
Human Resources Director
Sales Manager
Account Executive
Technical Lead
Project Manager
Senior Consultant
Department Manager
Regional Manager
Business Development Manager
Operations Manager
Senior Engineer
Product Manager
Client Relations Manager
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