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Mutual Separation Agreement
"I need a Mutual Separation Agreement for a senior software developer in our Dublin tech company who will be leaving on March 15, 2025, including post-termination restrictions and provisions for unvested stock options."
1. Parties: Identification of the employer and employee, including full legal names and addresses
2. Background: Brief context of the employment relationship and mutual decision to terminate
3. Definitions: Key terms used throughout the agreement
4. Termination Date: Specific date when employment will terminate and final working day if different
5. Payment and Benefits: Details of severance payment, final salary, benefits, and payment timing
6. Tax Treatment: Tax implications and responsibilities regarding the separation payments
7. Company Property: Requirements for returning company property and equipment
8. Confidentiality: Ongoing obligations regarding confidential information
9. Full and Final Settlement: Confirmation that the agreement represents full and final settlement of all claims
10. Reference: Terms of employment reference to be provided
11. Employee Warranties: Employee confirmations regarding property return, confidential information, and other obligations
12. Legal Advice: Confirmation that the employee has received independent legal advice
13. Governing Law: Confirmation that Irish law governs the agreement
1. Garden Leave: Include when the employee will be placed on garden leave before termination
2. Post-termination Restrictions: Include when enforcing existing or new non-compete or non-solicitation clauses
3. Share Options/Awards: Include when the employee has share options or awards that need to be addressed
4. Ongoing Cooperation: Include when employee's assistance may be needed for transition or future matters
5. Medical Insurance: Include when continued medical coverage is part of the package
6. Announcement: Include when parties agree on specific internal/external communication about the departure
7. Outplacement Support: Include when outplacement services are being provided
8. Director Resignations: Include when employee holds director positions that need to be resigned
1. Schedule 1 - Payment Calculation: Detailed breakdown of all payments including basic severance, ex-gratia payments, and benefits
2. Schedule 2 - Company Property List: Itemized list of company property to be returned
3. Schedule 3 - Claims Waived: Comprehensive list of statutory and contractual claims being waived
4. Schedule 4 - Continuing Obligations: Details of any post-employment obligations from the employment contract that survive
5. Appendix A - Legal Advisor's Certificate: Certificate from independent legal advisor confirming advice given
6. Appendix B - Letter of Resignation: Template or actual resignation letter if required
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Education
Construction
Telecommunications
Pharmaceuticals
Media and Entertainment
Energy
Transportation and Logistics
Human Resources
Legal
Finance
Compliance
Operations
Senior Management
Board of Directors
Company Secretariat
Chief Executive Officer
Chief Financial Officer
Managing Director
Senior Manager
Department Head
Project Manager
Technical Lead
Senior Developer
HR Manager
Sales Director
Operations Manager
Account Manager
Marketing Manager
Research Scientist
Legal Counsel
Financial Controller
Business Analyst
Product Manager
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