90 Day Termination Letter for Canada

90 Day Termination Letter Template for Canada

A formal employment termination document used in Canadian jurisdictions that provides 90 days' notice of employment termination. This document complies with Canadian federal and provincial employment standards legislation, outlining the terms and conditions of the notice period, including continuation of compensation and benefits, expectations during the notice period, and post-employment obligations. The letter serves as official documentation of the termination decision while protecting both employer and employee interests through clear communication of rights, responsibilities, and entitlements during the transition period.

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What is a 90 Day Termination Letter?

The 90 Day Termination Letter is a crucial document in Canadian employment law, typically used for senior positions or in situations where extended notice periods are contractually required or deemed appropriate under common law principles. This document is essential when terminating employment without cause and where the employee's contract or position warrants a longer notice period than statutory minimums. The letter must comply with both federal and provincial employment standards, depending on the jurisdiction and industry sector. It includes detailed information about the termination date, compensation during the notice period, benefit continuation, and transitional arrangements. The 90-day notice period often applies to management-level employees or those with specialized skills, reflecting Canadian courts' tendency to require longer notice periods for more senior positions.

What sections should be included in a 90 Day Termination Letter?

1. Letter Header: Company letterhead, date, and formal business letter formatting

2. Recipient Information: Employee's full name and address

3. Notice of Termination: Clear statement of employment termination and effective date

4. Notice Period Details: Specification of the 90-day notice period and last day of employment

5. Continuation of Duties: Expectations regarding work responsibilities during the notice period

6. Compensation and Benefits: Details of salary and benefits continuation during the notice period

7. Return of Company Property: Requirements and process for returning company assets

8. Confidentiality Reminder: Reminder of ongoing confidentiality obligations

9. Reference Policy: Company's approach to providing employment references

10. Closing: Formal signature block and contact information for HR representative

What sections are optional to include in a 90 Day Termination Letter?

1. Transition Plan: Details of knowledge transfer and handover requirements, used when employee holds key responsibilities

2. Garden Leave: Terms of garden leave if employee is not required to work during notice period

3. Outplacement Services: Information about career transition support if offered by the company

4. Legal Release: Reference to or inclusion of a release agreement if additional severance is offered

5. Non-Competition Reminder: Reminder of post-employment restrictions if applicable under existing agreements

6. Performance Improvement History: Reference to previous performance discussions if termination is performance-based

7. Severance Package: Details of any additional severance pay or benefits beyond the notice period

What schedules should be included in a 90 Day Termination Letter?

1. Schedule A - Benefits Summary: Detailed breakdown of benefits continuation and termination dates

2. Schedule B - Company Property Checklist: List of company assets to be returned

3. Schedule C - Final Pay Calculation: Breakdown of final pay including vacation pay and other entitlements

4. Appendix 1 - Employee Information Form: Form for updating contact information for final documentation

5. Appendix 2 - Record of Employment Information: Details required for ROE preparation

Authors

Alex Denne

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

Jurisdiction

Canada

Publisher

Genie AI

Document Type

Termination Letter

Cost

Free to use
Relevant legal definitions
Relevant Industries

Financial Services

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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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