Employee Termination Agreement And Release for Canada

Employee Termination Agreement And Release Template for Canada

A comprehensive legal document used in Canadian employment law that formalizes the termination of an employment relationship between an employer and employee. This agreement outlines the terms of separation, including severance payments, benefits continuation, and other termination entitlements while obtaining a release of claims from the employee. The document ensures compliance with federal and provincial employment standards, human rights legislation, and common law requirements specific to Canadian jurisdictions. It includes provisions for confidentiality, property return, and ongoing obligations while protecting both parties' interests during the separation process.

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What is a Employee Termination Agreement And Release?

The Employee Termination Agreement And Release is a crucial document used in Canadian employment law when ending employment relationships, whether through termination without cause, mutual agreement, or as part of a larger restructuring. It serves multiple purposes: documenting the final terms of employment separation, outlining compensation and benefits, and obtaining a release of potential legal claims. This agreement must comply with minimum standards set by provincial employment legislation, federal laws where applicable, and common law principles of reasonable notice. It typically includes provisions for severance payments, benefit continuation, confidentiality obligations, and release of claims. The document is essential for risk management and providing clarity to both parties about their rights and obligations during and after the termination process.

What sections should be included in a Employee Termination Agreement And Release?

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

2. Background: Brief employment history, current position, and reason for agreement

3. Definitions: Key terms used throughout the agreement including 'Termination Date', 'Released Claims', etc.

4. Termination of Employment: Confirmation of termination date and immediate obligations

5. Severance Package: Details of all financial compensation, including salary continuance or lump sum payment

6. Statutory Deductions: Confirmation that all payments subject to required tax and statutory deductions

7. Benefits Continuation: Details of benefit continuation or cessation and conversion rights

8. Release of Claims: Comprehensive release of all possible claims against employer and related entities

9. Confidentiality: Ongoing obligations regarding confidential information and terms of agreement

10. Return of Property: Requirements for returning company property and documents

11. Non-Disparagement: Mutual obligations to refrain from negative comments

12. Acknowledgments: Employee's confirmation of understanding, right to counsel, and voluntary acceptance

13. General Provisions: Standard clauses including governing law, entire agreement, and amendments

14. Execution: Signature blocks and date of agreement

What sections are optional to include in a Employee Termination Agreement And Release?

1. Post-Employment Restrictions: Non-competition and non-solicitation provisions, if applicable to role and jurisdiction

2. Equity Compensation: Treatment of stock options, RSUs, or other equity compensation

3. Reference Letter: Terms regarding employment references and agreed communication about departure

4. Outplacement Services: Details of career transition services if provided

5. Board Resignation: For officers/directors, resignation from corporate positions

6. Legal Fees: Provision for employer coverage of independent legal advice

7. Cooperation: Requirements for transition assistance or future litigation cooperation

8. Immigration Status: Addressing work permit implications for foreign workers

What schedules should be included in a Employee Termination Agreement And Release?

1. Schedule A - Financial Terms: Detailed breakdown of all financial components of severance package

2. Schedule B - Benefits Summary: Detailed list of benefits continuation and termination dates

3. Schedule C - Returned Property Checklist: Itemized list of company property to be returned

4. Schedule D - Reference Letter: Agreed form of reference letter if applicable

5. Schedule E - Resignation Letter: Form of resignation from officer/director positions if applicable

6. Appendix 1 - Statutory Notice: Required provincial employment standards information

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
Clauses
Relevant Industries

Technology

Financial Services

Manufacturing

Retail

Healthcare

Professional Services

Education

Construction

Mining

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Human Resources

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Finance

Executive Leadership

Operations

Administration

Information Technology

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Research and Development

Customer Service

Production

Quality Assurance

Supply Chain

Facilities

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Director

Manager

Supervisor

Individual Contributor

Sales Representative

Administrative Assistant

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Industries
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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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