Employee Exit Agreement Template for Canada

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Key Requirements PROMPT example:

Employee Exit Agreement

"I need an Employee Exit Agreement for a senior software developer in Ontario who is leaving voluntarily on March 15, 2025, with standard non-compete and confidentiality provisions, plus continuation of health benefits for 3 months."

Document background
The Employee Exit Agreement serves as a crucial document in Canadian employment law, used when an employment relationship is being terminated either through mutual agreement, resignation, or termination without cause. This agreement is essential for protecting both employer and employee interests by clearly documenting the terms of separation, including financial arrangements, continuing obligations, and legal releases. It must comply with both federal labor standards and provincial employment legislation, which can vary by jurisdiction. The document typically becomes necessary during corporate restructuring, voluntary departures, or negotiated exits, and helps prevent future disputes by clearly outlining all aspects of the separation. Key considerations include severance calculations according to Canadian standards, benefit continuations, and specific provisions required by provincial labor laws.
Suggested Sections

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

2. Background: Brief context of the employment relationship, including start date, position, and reason for termination

3. Definitions: Key terms used throughout the agreement

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

5. Final Payment and Severance: Details of final salary, severance package, and payment schedule

6. Return of Company Property: Requirements and timeline for returning all company assets and materials

7. Confidentiality Obligations: Ongoing obligations regarding confidential information and trade secrets

8. Release of Claims: Mutual release of legal claims between parties

9. Tax Treatment: Tax implications and responsibilities for payments made under the agreement

10. Governing Law: Specification of applicable Canadian jurisdiction

11. General Provisions: Standard legal provisions including entire agreement, amendments, and severability

Optional Sections

1. Non-Competition: Restrictions on working for competitors, used when employee had access to sensitive information or high-level position

2. Non-Solicitation: Restrictions on soliciting employees or customers, included for client-facing or management roles

3. Benefits Continuation: Terms for extending health benefits or insurance coverage, included when offering continued benefits

4. Reference Letter: Terms regarding employment references and communication about departure, included when agreed upon

5. Outplacement Services: Details of career transition support, included when such services are offered

6. Stock Options/Equity: Treatment of outstanding stock options or equity compensation, included for employees with such benefits

7. Cooperation in Transition: Terms for assistance in transitioning responsibilities, included for key positions

8. Re-Employment Rights: Conditions for potential future employment, included when possibility of future engagement exists

Suggested Schedules

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

2. Schedule B - Company Property Checklist: Itemized list of company property to be returned

3. Schedule C - Benefits Continuation Details: Specific terms and duration of continued benefits

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

5. Appendix 1 - Release of Claims Form: Formal release document to be executed

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

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 Industries

Technology

Financial Services

Manufacturing

Retail

Healthcare

Professional Services

Education

Construction

Energy

Transportation

Media and Entertainment

Telecommunications

Real Estate

Hospitality

Mining and Resources

Relevant Teams

Human Resources

Legal

Executive Leadership

Finance

Operations

Sales

Marketing

Information Technology

Research and Development

Administration

Customer Service

Product Development

Business Development

Compliance

Corporate Communications

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Director

Manager

Supervisor

Senior Executive

Vice President

Department Head

Technical Lead

Sales Representative

Account Manager

Administrative Assistant

Project Manager

Software Developer

Financial Analyst

Human Resources Manager

Operations Manager

Marketing Specialist

Research Scientist

Legal Counsel

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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