Voluntary Severance Agreement Template for Canada

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Key Requirements PROMPT example:

Voluntary Severance Agreement

"I need a Voluntary Severance Agreement for a senior technology executive in Toronto, including provisions for equity compensation and intellectual property protection, with employment termination planned for March 1, 2025."

Document background
The Voluntary Severance Agreement serves as a critical document in Canadian employment relationships where both employer and employee agree to terminate employment under mutually acceptable terms. This document is typically used during corporate restructuring, voluntary departures, or early retirement scenarios, providing a clear framework for the separation process. The agreement must comply with minimum standards set by provincial employment legislation (or federal legislation for federally regulated industries) and typically includes comprehensive details about severance payments, benefits continuation, release of claims, and ongoing obligations. The agreement may be customized based on the employee's seniority, length of service, and specific circumstances while ensuring all terms meet or exceed statutory requirements under Canadian law.
Suggested Sections

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

2. Background: Context of the employment relationship, including start date, position, and mutual agreement to terminate

3. Definitions: Key terms used throughout the agreement

4. Termination Date: Specific date of employment termination and final working day

5. Severance Payment: Details of the severance amount, payment method, timing, and tax treatment

6. Continuation of Benefits: Period and terms of benefit continuation post-employment

7. Release of Claims: Comprehensive release of legal claims by the employee against the employer

8. Confidentiality: Obligations regarding confidentiality of agreement terms and company information

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

10. References: Terms regarding employment references and future employment inquiries

11. Acknowledgement: Employee's acknowledgment of understanding and voluntary acceptance

12. Governing Law: Specification of applicable Canadian jurisdiction

13. Execution: Signature blocks and date of agreement

Optional Sections

1. Non-Disparagement: Mutual or one-way obligations regarding making negative statements, used when there's concern about potential reputational damage

2. Non-Competition: Restrictions on future employment with competitors, used for senior employees or those with access to sensitive information

3. Non-Solicitation: Restrictions on soliciting employees or customers, used when employee had significant client or team relationships

4. Outplacement Services: Details of career transition support, included when part of severance package

5. Equity Compensation: Treatment of stock options or other equity-based compensation, needed when employee has such benefits

6. Legal Counsel: Acknowledgment of right to seek independent legal advice, recommended for significant severance packages

7. Cooperation: Terms for post-employment assistance with transitions or legal matters, used when ongoing cooperation might be needed

8. Immigration Status: Impact on work permits or immigration status, needed for foreign workers

Suggested Schedules

1. Schedule A - Severance Calculation: Detailed breakdown of severance payment calculation including salary, benefits, and other compensation

2. Schedule B - Outstanding Expenses: List of approved expenses to be reimbursed

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

4. Schedule D - Continuing Benefits: Detailed description of benefits continuation terms and duration

5. Schedule E - Release of Claims: Comprehensive release language as required by provincial law

6. Appendix 1 - Employee's Current Benefits: Summary of current benefits and their treatment post-termination

7. Appendix 2 - Reference Letter: Standard form of reference letter if agreed upon

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

Relevant legal definitions
Relevant Industries

Technology

Financial Services

Manufacturing

Retail

Healthcare

Professional Services

Education

Mining

Energy

Telecommunications

Construction

Transportation

Real Estate

Media and Entertainment

Public Sector

Relevant Teams

Human Resources

Legal

Finance

Executive Leadership

Operations

Sales

Marketing

Information Technology

Research and Development

Customer Service

Administration

Product Development

Business Development

Compliance

Corporate Communications

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Senior Manager

Department Director

Project Manager

Senior Engineer

Sales Representative

Human Resources Manager

Operations Manager

Technical Lead

Account Manager

Research Scientist

Marketing Manager

Financial Analyst

Product Manager

Department Head

Regional Manager

Vice President

Executive Assistant

Senior Consultant

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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