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Employment Termination Agreement for Canada

Employment Termination Agreement Template for Canada

A comprehensive legal document governed by Canadian employment law that formalizes the termination of an employment relationship between an employer and employee. This agreement outlines the terms and conditions of the employment separation, including severance payments, benefits continuation, confidentiality obligations, and mutual releases. The document ensures compliance with both federal and provincial employment standards legislation, incorporating necessary provisions for statutory notice periods, severance pay, and other termination entitlements specific to Canadian jurisdiction. It serves as a binding agreement that protects both parties' interests and helps prevent future disputes by clearly documenting all aspects of the employment termination.

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Employment Termination Agreement

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What is a Employment Termination Agreement?

This Employment Termination Agreement is used when an employer and employee in Canada are formally ending their employment relationship, whether through mutual agreement, without cause termination, or as part of a broader workforce reduction. The document is essential for protecting both parties' interests and ensuring compliance with Canadian employment standards, including federal and provincial legislation. It typically includes detailed provisions for severance payments, benefits continuation, confidentiality obligations, and release of claims. The agreement should be customized based on the applicable provincial jurisdiction, as employment standards vary across Canadian provinces. It's particularly important when terminating long-term employees, senior executives, or in situations involving significant severance packages. The document helps prevent future disputes by clearly documenting all termination terms and ensuring all statutory obligations are met.

What sections should be included in a Employment Termination Agreement?

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

2. Background: Brief overview of employment history, current position, and decision to terminate

3. Definitions: Key terms used throughout the agreement

4. Termination Date: Clear statement of the effective date of employment termination

5. Final Payment: Details of final salary payment, including regular wages, accrued vacation pay, and statutory entitlements

6. Severance Package: Comprehensive details of the severance payment, including amount, timing, and method of payment

7. Statutory Deductions: Confirmation that all payments will be subject to required statutory deductions

8. Benefits Continuation: Details of any continued benefits coverage and duration

9. Return of Company Property: Requirements and timeline for returning company equipment, documents, and other property

10. Confidentiality Obligations: Ongoing obligations regarding confidential information

11. Release of Claims: Mutual release of claims between parties

12. Reference Letter: Terms regarding the provision of employment references

13. Non-Disparagement: Mutual agreement not to make negative statements about each other

14. Governing Law: Specification that the agreement is governed by Canadian law and the applicable province

15. Independent Legal Advice: Acknowledgment that the employee has had the opportunity to seek independent legal advice

16. Entire Agreement: Statement that this document represents the complete agreement between parties

17. Execution: Signing requirements and effective date of the agreement

What sections are optional to include in a Employment Termination Agreement?

1. Outplacement Services: Details of any career transition services provided, used when the employer offers such support

2. Stock Options/RSUs: Treatment of outstanding equity compensation, included when the employee has such benefits

3. Non-Competition: Restrictions on future employment, included when legally enforceable and necessary

4. Non-Solicitation: Restrictions on soliciting employees or customers, included when necessary to protect business interests

5. Retirement Benefits: Special provisions for retirement-eligible employees

6. Re-Employment: Terms regarding potential future employment with the company

7. Tax Indemnification: Provisions regarding tax implications, included for complex severance arrangements

8. Insurance Continuation: Specific details about insurance coverage continuation, included when offering extended coverage

9. Cooperation: Requirements for post-employment cooperation in business matters, included when necessary

What schedules should be included in a Employment Termination Agreement?

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

2. Schedule B - Benefits Summary: Comprehensive list of benefits and their continuation periods

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

4. Schedule D - Outstanding Equity Compensation: Details of stock options, RSUs, or other equity compensation

5. Appendix 1 - Release of Claims: Detailed release of claims document

6. Appendix 2 - Reference Letter Template: Agreed format and content of reference letter

Authors

Alex Denne

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

Jurisdiction

Canada

Cost

Free to use
Relevant legal definitions


































Clauses






























Relevant Industries

Technology

Financial Services

Manufacturing

Retail

Healthcare

Professional Services

Education

Construction

Mining

Energy

Telecommunications

Transportation

Hospitality

Media and Entertainment

Real Estate

Non-Profit

Agriculture

Automotive

Aerospace

Pharmaceutical

Relevant Teams

Human Resources

Legal

Executive Leadership

Finance

Operations

Administration

Compliance

Risk Management

Payroll

Benefits Administration

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Chief Operating Officer

Vice President

Director

Senior Manager

Manager

Supervisor

Team Lead

Professional Staff

Technical Specialist

Sales Representative

Administrative Staff

Human Resources Manager

Department Head

Regional Manager

Project Manager

Account Executive

Operations Manager

Executive Assistant

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, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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