A Puerto Rico Termination Agreement between an employer and executive at the end of a term of employment agreement with restrictive covenants and general release is a legally binding document that outlines the terms and conditions of the termination of the executive's employment contract. This agreement typically includes restrictive covenants, such as non-compete, non-solicitation, and confidentiality provisions, aimed at protecting the employer's business interests. Under Puerto Rico law, there are two types of termination agreements that may be applicable in this context: 1. Voluntary Termination Agreement: This type of agreement is entered into by the employer and executive when the employment contract is ending due to the executive's voluntary decision to terminate the agreement. The executive may be resigning to pursue other opportunities, retirement, or personal reasons. The agreement will spell out the terms of the executive's departure, including any post-employment obligations or severance compensation. 2. Involuntary Termination Agreement: This agreement is executed when the employer decides to terminate the executive's employment for reasons such as poor performance, breach of contract, or downsizing. The termination may be without cause or for cause, depending on the circumstances. In this case, the agreement will cover the terms of separation, including any severance pay, continuation of benefits, and the release of claims that the executive may have against the employer. Key elements typically found in a Puerto Rico Termination Agreement include: 1. Effective Date: The agreement should specify the date on which the termination becomes effective. 2. Termination Payments: Details about the financial compensation or benefits the executive will receive upon termination, such as severance pay, unused vacation or sick days, and any other entitled bonuses or incentives. Puerto Rico labor laws may have specific requirements related to severance pay. 3. Restrictive Covenants: These provisions restrict the actions the executive can take after leaving the employment, such as non-compete clauses preventing the executive from engaging with a competitor, non-solicitation clauses prohibiting the solicitation of clients or employees, and confidentiality obligations regarding trade secrets or sensitive company information. 4. General Release: This section includes a mutual release of claims between the employer and executive, stating that they waive any rights to bring legal action against each other regarding issues arising from the employment or its termination. 5. Non-Disparagement: This clause prevents either party from making negative comments or statements about the other party, ensuring a professional and respectful separation. 6. Return of Company Property: The agreement should specify that the executive will return any company-provided property, including laptops, phones, keys, or proprietary documents. 7. Governing Law and Venue: The agreement should state that it is governed by Puerto Rico law and specify the jurisdiction or venue for any disputes that may arise. It is essential for both parties to thoroughly review and understand the terms of the Puerto Rico Termination Agreement before signing, as it represents a final settlement and conclusion of the employment relationship. Consulting legal counsel is advisable to ensure all legal requirements are met and to protect the interests of both the employer and the executive.
Para su conveniencia, debajo del texto en español le brindamos la versión completa de este formulario en inglés. For your convenience, the complete English version of this form is attached below the Spanish version.