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Non Compete Agreement After Resignation
"I need a Non Compete Agreement After Resignation for a departing senior software developer in our Sydney-based tech company, focusing on protecting our client relationships and proprietary code, with a 12-month restriction period starting March 2025."
1. Parties: Identification of the employer and the former employee who will be bound by the agreement
2. Background: Context of the agreement, including the former employee's role, access to confidential information, and reason for implementing the non-compete
3. Definitions: Clear definitions of key terms including 'Confidential Information', 'Restricted Business', 'Restricted Period', and 'Restricted Territory'
4. Non-Compete Obligations: Core restrictions on the employee's post-employment activities, including specific prohibited activities
5. Duration and Geographic Scope: Specific timeframe and geographical boundaries of the restrictions, ensuring reasonableness
6. Consideration: The compensation or benefit provided to the employee in exchange for the non-compete obligations
7. Confidentiality Obligations: Ongoing obligations regarding confidential information and trade secrets
8. Non-Solicitation: Restrictions on soliciting customers, employees, or suppliers
9. Acknowledgments: Employee's acknowledgment of the reasonableness of restrictions and receipt of independent legal advice
10. Breach and Remedies: Consequences of breach and available remedies including injunctive relief
11. General Provisions: Standard clauses including governing law, severability, and entire agreement
1. Garden Leave: Provisions for paid leave during the notice period, used when immediate departure from duties is preferred
2. Return of Property: Detailed provisions about returning company property, necessary when the employee had access to significant company assets
3. Intellectual Property Rights: Additional provisions protecting company IP, relevant when the employee was involved in IP creation
4. Monitoring and Compliance: Procedures for monitoring compliance, useful for high-risk situations or senior executives
5. Alternative Dispute Resolution: Mediation or arbitration provisions, recommended for high-value agreements
6. Survival of Obligations: Specification of which obligations survive termination, important for complex agreements
7. Exit Interview Process: Requirements for exit interviews and final certifications, useful for senior positions
1. Schedule 1 - Restricted Territory: Detailed map or list of geographical areas covered by the restrictions
2. Schedule 2 - Restricted Clients: List of specific clients or client categories covered by non-solicitation provisions
3. Schedule 3 - Restricted Business Activities: Detailed description of prohibited business activities and industry sectors
4. Schedule 4 - Compensation Details: Breakdown of any financial compensation provided for the non-compete obligations
5. Appendix A - Confidential Information Categories: Detailed categorization of confidential information covered by the agreement
6. Appendix B - Compliance Certificate: Template certificate for periodic compliance confirmation
Authors
Technology
Professional Services
Financial Services
Healthcare
Manufacturing
Retail
Telecommunications
Consulting
Pharmaceuticals
Engineering
Media and Entertainment
Mining and Resources
Education and Training
Real Estate
Executive Leadership
Sales
Business Development
Research and Development
Client Services
Product Development
Technical Operations
Investment
Consulting
Engineering
Architecture
Client Relations
Professional Services
Chief Executive Officer
Chief Financial Officer
Chief Technology Officer
Sales Director
Account Manager
Senior Software Developer
Research Scientist
Business Development Manager
Regional Manager
Product Manager
Senior Consultant
Technical Lead
Investment Manager
Client Relations Manager
Department Head
Principal Engineer
Senior Architect
Managing Director
Partner
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