Severance Agreement And Release Of Claims Template for Canada

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Key Requirements PROMPT example:

Severance Agreement And Release Of Claims

"I need a Severance Agreement and Release of Claims for a senior software developer being laid off as part of a company restructuring effective March 1, 2025, including 6 months severance pay and extended health benefits."

Document background
The Severance Agreement And Release Of Claims is a crucial document used in Canadian employment law when an employer and employee are ending their employment relationship. It serves multiple purposes: documenting the terms of separation, providing clarity on severance compensation and benefits, and obtaining a release of potential legal claims. This document must comply with both federal and provincial employment standards, particularly regarding minimum severance requirements, notice periods, and non-waivable rights under Canadian human rights legislation. It's typically used in situations of termination without cause, voluntary departure arrangements, or restructuring scenarios. The agreement must be carefully drafted to ensure enforceability under Canadian law, often requiring independent legal advice for the employee. Special attention must be paid to provincial variations in employment standards and the specific requirements for valid releases in different Canadian jurisdictions.
Suggested Sections

1. Parties: Identifies the employer and employee entering into the agreement

2. Background: Outlines the employment relationship, termination date, and context for the agreement

3. Definitions: Defines key terms used throughout the agreement

4. Termination of Employment: States the official termination date and nature of separation

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

6. Statutory Deductions: Addresses tax withholdings and other required deductions

7. Benefits Continuation: Specifies the treatment of health benefits, insurance, and other benefits post-termination

8. Return of Company Property: Lists requirements for returning company equipment, documents, and other property

9. Confidentiality: Reinforces ongoing confidentiality obligations

10. Release of Claims: Details the specific claims being released by the employee

11. Exceptions to Release: Specifies claims that cannot be released by law

12. Non-Disparagement: Prohibits parties from making negative statements about each other

13. References: Outlines the agreed-upon reference policy

14. Governing Law: Specifies the jurisdiction governing the agreement

15. Acknowledgment: Confirms employee's understanding and voluntary acceptance

16. Execution: Signature blocks and date of agreement

Optional Sections

1. Stock Options/Equity: Include when employee has outstanding stock options or equity compensation

2. Non-Competition: Include when implementing post-employment competition restrictions

3. Non-Solicitation: Include when restricting solicitation of employees or customers

4. Outplacement Services: Include when providing career transition assistance

5. Cooperation in Legal Matters: Include when ongoing cooperation in legal proceedings is needed

6. Re-Employment: Include when addressing potential future employment with the company

7. Immigration Status: Include when employee's immigration status is affected

8. Retirement Benefits: Include when addressing pension or retirement plan implications

9. Resignation from Offices: Include when employee holds corporate offices or directorships

10. Company Vehicle: Include when addressing company vehicle arrangements

Suggested Schedules

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

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

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

4. Schedule D - Outstanding Equity Awards: Summary of stock options or other equity compensation

5. Appendix 1 - Independent Legal Advice Certificate: Confirmation of independent legal advice received

6. Appendix 2 - Resignation Letter: Form of resignation 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 legal definitions
Clauses
Relevant Industries

Technology

Financial Services

Manufacturing

Retail

Healthcare

Professional Services

Education

Mining

Energy

Transportation

Telecommunications

Construction

Agriculture

Media & Entertainment

Public Sector

Hospitality

Real Estate

Automotive

Aerospace

Consumer Goods

Relevant Teams

Human Resources

Legal

Finance

Executive Leadership

Operations

Information Technology

Sales

Marketing

Research and Development

Administration

Customer Service

Product Development

Manufacturing

Quality Assurance

Facilities Management

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Senior Vice President

Vice President

Director

Senior Manager

Manager

Supervisor

Team Lead

Senior Engineer

Software Developer

Sales Representative

Account Manager

Human Resources Manager

Administrative Assistant

Operations Manager

Project Manager

Financial Analyst

Marketing Manager

Research Scientist

Product Manager

Customer Service Representative

Executive Assistant

Department Head

Regional Manager

Industries
Canada Labour Code: Federal legislation governing employment standards, including minimum requirements for severance pay and notice periods for federally regulated employees
Canadian Human Rights Act: Federal law prohibiting discrimination in employment and ensuring equal opportunity, which cannot be contracted out of even in a release
Employment Standards Act (Provincial): Provincial legislation setting minimum standards for employment terms, including termination notice and severance pay requirements
Income Tax Act: Federal legislation governing the tax treatment of severance payments and determining what portions are taxable
Provincial Human Rights Code: Provincial legislation protecting against discrimination and harassment in employment, which must be considered in release clauses
Age Discrimination Act: Legislation protecting against age discrimination, particularly relevant for severance agreements involving older workers
Employment Insurance Act: Federal legislation affecting how severance payments may impact unemployment benefits
Workplace Safety and Insurance Act: Provincial legislation governing workplace injury claims and their relationship to severance agreements
Personal Information Protection and Electronic Documents Act (PIPEDA): Federal privacy legislation relevant to the handling of employee personal information in severance agreements
Limitations Act: Provincial legislation setting time limits for bringing legal claims, which is relevant for release provisions
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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