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Separation Agreement And Release
"I need a Separation Agreement and Release under Irish law for a departing Chief Technology Officer in the fintech sector, including provisions for share options vesting and post-termination restrictions, with the termination date set for March 15, 2025."
1. Parties: Identifies and defines the employer and employee parties to the agreement
2. Background: Sets out the context of the employment relationship and the circumstances leading to 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 separation payment, including basic severance, ex gratia payments, and treatment of outstanding salary/benefits
6. Tax Treatment: Addresses the tax implications of the separation payments
7. Company Property: Requirements for return of company property and documents
8. Confidentiality Obligations: Ongoing confidentiality obligations post-employment
9. Post-Termination Restrictions: Confirms any continuing restrictive covenants from the employment contract
10. Release of Claims: Mutual releases of claims between parties, subject to statutory limitations
11. Reference: Terms regarding the provision of employment references
12. Legal Advice: Confirmation that the employee has received independent legal advice
13. Entire Agreement: Confirms this agreement supersedes previous agreements regarding the separation
14. Governing Law: Specifies Irish law as governing law and jurisdiction
15. Execution: Signature blocks and execution provisions
1. Garden Leave: Include when the employee will be placed on garden leave during notice period
2. Share Options/Awards: Include when dealing with existing employee share schemes or equity arrangements
3. Pension Arrangements: Include when specific pension-related provisions need to be addressed
4. Outplacement Support: Include when the employer is providing career transition services
5. Director Resignations: Include when the employee holds director positions that need to be resigned
6. Announcement: Include when parties agree on specific internal/external communications about the departure
7. Medical Insurance: Include when addressing continuation or termination of medical benefits
8. Legal Costs: Include when employer is contributing to employee's legal costs
9. Ongoing Cooperation: Include when employee's assistance may be needed for transition or future matters
1. Schedule 1 - Payment Calculations: Detailed breakdown of all payments including basic severance, ex gratia payments, and benefits
2. Schedule 2 - Company Property Inventory: List of company property to be returned
3. Schedule 3 - Continuing Obligations: Details of post-employment restrictions and confidentiality obligations
4. Schedule 4 - Agreed Form of Reference: Template of agreed employment reference
5. Schedule 5 - Director Resignation Letters: Forms of resignation from director positions if applicable
6. Appendix A - Legal Advisor's Certificate: Certificate from employee's legal advisor confirming independent advice
7. Appendix B - Share Option Statement: Statement of treatment of share options/awards if applicable
Authors
Financial Services
Technology
Manufacturing
Retail
Professional Services
Healthcare
Education
Construction
Telecommunications
Media and Entertainment
Pharmaceuticals
Energy
Transportation
Real Estate
Consulting
Human Resources
Legal
Finance
Operations
Executive Leadership
Compliance
Payroll
Employee Relations
Risk Management
Corporate Governance
Chief Executive Officer
Chief Financial Officer
Managing Director
Senior Manager
Department Head
Executive Director
Vice President
General Manager
Regional Manager
Project Manager
Senior Professional
Technical Lead
Department Manager
Operations Manager
Sales Director
Account Manager
Senior Engineer
Program Director
Division Head
Team Leader
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