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Employment Separation Agreement
"I need an Employment Separation Agreement under Irish law for a senior software engineer in our Dublin tech startup, including standard non-compete clauses and treatment of unvested stock options, with the termination date set for March 15, 2025."
1. Parties: Identifies the employer and employee entering into the agreement
2. Background: Sets out the context of the employment relationship and the reason for separation
3. Definitions: Defines key terms used throughout the agreement
4. Termination Date: Specifies the official end date of employment and final working day
5. Payment Provisions: Details the final salary, notice pay, statutory redundancy (if applicable), and any ex-gratia payments
6. Tax Treatment: Addresses the tax implications of the various payments under Irish tax law
7. Company Property: Requirements for return of company property, equipment, and documents
8. Confidentiality: Obligations regarding confidential information and trade secrets
9. Full and Final Settlement: Confirmation that the agreement represents full and final settlement of all claims
10. Continuing Obligations: Surviving terms from the employment contract that continue after termination
11. Reference: Terms regarding the provision of employment references
12. Announcement: Agreed internal and external communications regarding the departure
13. Legal Advice: Confirmation that the employee has received independent legal advice
14. Governing Law: Confirms Irish law governs the agreement
15. Execution: Signature blocks and execution provisions
1. Garden Leave: Include when the employee will be placed on garden leave during the notice period
2. Post-termination Restrictions: Include when enforcing non-compete or non-solicitation provisions
3. Share Options/Benefits: Include when addressing treatment of existing share options or benefits
4. Outplacement Support: Include when the employer is providing career transition services
5. Resignation from Directorships: Include when employee holds corporate directorships
6. Intellectual Property: Include when specific IP assignments or clarifications are needed
7. Legal Proceedings: Include when there are ongoing or potential legal proceedings to address
8. Medical Insurance: Include when addressing continuation or termination of medical benefits
9. Pension Provisions: Include when specific pension arrangements need to be addressed
1. Schedule 1 - Payment Calculation: Detailed breakdown of all payments including salary, benefits, and statutory entitlements
2. Schedule 2 - Company Property: Itemized list of company property to be returned
3. Schedule 3 - Post-termination Restrictions: Detailed terms of any continuing restrictions on the employee's activities
4. Schedule 4 - Benefits Summary: Summary of treatment of various benefits and entitlements
5. Appendix A - Resignation Letter: Form of resignation letter if separation is characterized as resignation
6. Appendix B - Reference Letter: Agreed form of reference letter
7. Appendix C - Announcement Text: Agreed text for internal and external announcements
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Chief Executive Officer
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Regional Manager
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Financial Controller
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