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Severance Contract
"I need a Severance Contract for a senior software developer who is being made redundant due to operational restructuring, with a 3-month notice period starting March 1, 2025, including standard non-compete provisions and accelerated vesting of share options."
1. Parties: Identifies the employer and employee entering into the agreement
2. Background: Sets out the context of the employment relationship and reason for separation
3. Definitions: Defines key terms used throughout the agreement
4. Termination Date: Specifies the official end date of employment
5. Severance Payment: Details the severance amount, calculation method, and payment timing
6. Other Entitlements: Lists other payments such as accrued leave, outstanding wages, and superannuation
7. Tax Treatment: Explains tax handling of various payment components
8. Release and Waiver: Mutual release of claims between parties
9. Confidentiality: Ongoing confidentiality obligations regarding company information
10. Return of Property: Requirements for returning company property
11. References: Agreement on handling of employment references
12. General Provisions: Standard legal provisions including governing law, entire agreement, and amendments
1. Restraint of Trade: Non-compete and non-solicitation provisions, used when protecting business interests is crucial
2. Intellectual Property: Provisions for IP created during employment, used when IP is significant to the role
3. Equity/Shares: Treatment of any share-based compensation, used when employee has equity arrangements
4. Ongoing Assistance: Terms for transition support or future assistance, used when handover is complex
5. Garden Leave: Terms of any garden leave period, used when immediate departure is not desired
6. Medical Benefits: Continuation of health benefits if applicable, used for senior executives
7. Outplacement Services: Details of career transition support, used in redundancy situations
8. Directors Resignation: Required for employees who held director positions
1. Schedule 1 - Payment Calculation: Detailed breakdown of severance payment calculation
2. Schedule 2 - Company Property: Itemized list of company property to be returned
3. Schedule 3 - Restraint Provisions: Detailed terms of restraint including geographical areas and time periods
4. Schedule 4 - Final Release Deed: Formal deed of release to be signed upon payment
5. Schedule 5 - Statutory Declaration: Employee declaration regarding return of property and compliance
6. Schedule 6 - Communications Plan: Agreed internal and external communications regarding departure
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Chief Executive Officer
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Regional Manager
Branch Manager
Account Director
Senior Consultant
Department Manager
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