Employee Termination Release Agreement Template for Canada

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Key Requirements PROMPT example:

Employee Termination Release Agreement

"I need an Employee Termination Release Agreement for a senior software developer in Toronto who will be terminated without cause effective March 15, 2025, including provisions for equity compensation and extended health benefits coverage."

Document background
The Employee Termination Release Agreement is a crucial document in Canadian employment law, used when an employer terminates an employee's employment without cause or as part of a negotiated departure. This agreement serves multiple purposes: it provides clarity on the terms of separation, documents the consideration being provided to the employee, and obtains a release of claims from the employee. The document must comply with minimum standards set by federal and provincial employment legislation, including the Canada Labour Code or provincial Employment Standards Acts, depending on the jurisdiction. It typically includes provisions for severance payments, benefits continuation, confidentiality obligations, and various other post-employment terms. The agreement is particularly important for protecting employers from future claims while ensuring employees receive their statutory and agreed-upon entitlements. It's essential that the agreement be drafted in compliance with applicable Canadian employment laws and that employees be given reasonable time to review and seek independent legal advice before signing.
Suggested Sections

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

2. Background: Brief recitation of employment history, termination date, and context for the agreement

3. Definitions: Key terms used throughout the agreement, including 'Released Parties', 'Claims', and specific payment terms

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

5. Consideration: Detailed description of all payments and benefits being provided in exchange for the release

6. Release and Discharge: Comprehensive release of claims against employer and related parties

7. Tax Treatment: Clarification of tax treatment of payments and employer's withholding obligations

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

9. Non-Disparagement: Mutual or unilateral commitments regarding future statements about the other party

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

11. General Provisions: Standard contract clauses including governing law, entire agreement, and severability

12. Independent Legal Advice: Acknowledgment of opportunity to seek independent legal counsel

13. Execution: Signature blocks and date of agreement

Optional Sections

1. Post-Employment Restrictions: Non-competition and non-solicitation provisions, if not already covered in employment agreement

2. Reference Letter: Terms regarding future employment references and agreed-upon language

3. Ongoing Cooperation: Requirements for employee assistance in transition or future matters

4. Benefits Continuation: Details of any extended health benefits or insurance coverage

5. Equity Compensation: Treatment of stock options, RSUs, or other equity-based compensation

6. Outplacement Services: Details of any career transition services being provided

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

8. Press Release/Communications: Agreed language for internal/external communications regarding departure

Suggested Schedules

1. Schedule A - Payment Details: Detailed breakdown of all payments including salary continuance, severance, benefits, and other compensation

2. Schedule B - Outstanding Equity Calculations: Detailed calculations for any stock options, RSUs, or other equity compensation

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

4. Appendix 1 - Reference Letter: Agreed form of reference letter if applicable

5. Appendix 2 - Company Property Checklist: List of company property to be returned

6. Appendix 3 - Communications Plan: Approved internal and external communications regarding the termination

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
Clauses
Relevant Industries

Technology

Financial Services

Manufacturing

Retail

Healthcare

Professional Services

Education

Construction

Energy

Transportation

Telecommunications

Mining

Real Estate

Entertainment

Hospitality

Non-Profit

Relevant Teams

Human Resources

Legal

Employee Relations

People Operations

Talent Management

Compensation and Benefits

Risk Management

Corporate Governance

Executive Leadership

Relevant Roles

Human Resources Director

HR Manager

Employment Lawyer

Legal Counsel

HR Business Partner

Chief Human Resources Officer

HR Specialist

Talent Management Director

Employee Relations Manager

HR Operations Manager

Benefits Administrator

Compensation Specialist

HR Coordinator

Chief Legal Officer

General Counsel

Corporate Secretary

Risk Manager

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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