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Severance Pay Non Compete Agreement Template for Nigeria

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Key Requirements PROMPT example:

Severance Pay Non Compete Agreement

"I need a Severance Pay Non-Compete Agreement for our departing Chief Technology Officer who will receive a 12-month severance package, with restrictions preventing work with competitors in Nigeria's fintech sector until January 2025."

What is a Severance Pay Non Compete Agreement?

The Severance Pay Non Compete Agreement is a critical document used when an employee's employment is terminated and the employer wishes to protect its business interests while providing financial compensation. This agreement, structured under Nigerian law, serves two primary purposes: first, it establishes the terms and conditions of the severance package, including payment amount, schedule, and any additional benefits; second, it implements post-employment restrictions to protect the company's confidential information, customer relationships, and competitive position. The document is particularly important in Nigeria's dynamic business environment where employee mobility and market competition are increasing. It must be carefully drafted to ensure compliance with Nigerian labour laws, constitutional provisions, and common law principles regarding restraint of trade to maintain enforceability.

What sections should be included in a Severance Pay Non Compete Agreement?

1. Parties: Identification of the employer and employee, including full legal names and addresses

2. Background: Context of the agreement, including employment history and reason for separation

3. Definitions: Key terms used throughout the agreement, including 'Restricted Business', 'Territory', 'Confidential Information', etc.

4. Severance Payment: Details of the severance amount, payment schedule, and conditions for payment

5. Non-Compete Obligations: Specific restrictions on competitive activities, including geographical scope and duration

6. Non-Solicitation: Restrictions on soliciting employees, customers, or suppliers

7. Confidentiality: Ongoing obligations regarding confidential information and trade secrets

8. Return of Company Property: Requirements for returning company assets and information

9. Tax Implications: Statement on tax treatment of severance payments and responsibilities

10. Enforcement and Remedies: Legal remedies available in case of breach, including injunctive relief

11. Governing Law and Jurisdiction: Specification of Nigerian law as governing law and jurisdiction for disputes

12. General Provisions: Standard clauses including severability, entire agreement, and amendments

What sections are optional to include in a Severance Pay Non Compete Agreement?

1. Garden Leave: Include when the agreement involves a period of paid leave before termination

2. Equity Compensation: Include when dealing with stock options or other equity-based compensation

3. Transition Services: Include when the employee is required to assist in transition of duties

4. Reference Provision: Include when specifying terms of future employment references

5. Legal Fee Reimbursement: Include when employer agrees to cover employee's legal costs for review

6. Outplacement Services: Include when providing career transition assistance

7. Medical Benefits Continuation: Include when extending health benefits beyond termination

What schedules should be included in a Severance Pay Non Compete Agreement?

1. Schedule 1 - Severance Calculation: Detailed breakdown of severance payment calculation

2. Schedule 2 - Restricted Territory: Detailed description or map of geographical restrictions

3. Schedule 3 - Restricted Customers: List of specific customers covered by non-solicitation provisions

4. Schedule 4 - Company Property: Inventory of company property to be returned

5. Schedule 5 - Competitive Businesses: List of specific competitors or types of businesses covered by restrictions

6. Appendix A - Release of Claims: Standard form of release to be signed by employee

7. Appendix B - Confidential Information: Detailed description of protected confidential information

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions





































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Relevant Industries

Banking and Financial Services

Technology and Software

Telecommunications

Oil and Gas

Manufacturing

Professional Services

Healthcare

Pharmaceuticals

Fast-Moving Consumer Goods

Construction and Engineering

Education and Training

Energy

Consulting

Relevant Teams

Human Resources

Legal

Finance

Executive Leadership

Sales

Business Development

Research and Development

Information Technology

Operations

Marketing

Product Development

Customer Service

Relevant Roles

Chief Executive Officer

Managing Director

Chief Financial Officer

Chief Technical Officer

Sales Director

Regional Manager

Account Manager

Senior Software Developer

Business Development Manager

Product Manager

Operations Manager

Technical Lead

Senior Engineer

Research and Development Manager

Marketing Director

Department Head

Senior Consultant

Project Manager

Industries







Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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