Severance Release Agreement Template for Canada

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Key Requirements PROMPT example:

Severance Release Agreement

"I need a Severance Release Agreement for a departing Chief Technology Officer in Ontario, including provisions for stock options, extended benefits coverage, and outplacement services, with special attention to protecting our intellectual property and maintaining confidentiality of our AI development projects."

Document background
The Severance Release Agreement is a crucial document in Canadian employment law used when terminating employment relationships on a without-cause basis. It serves to document the terms of separation while obtaining a release of claims from the employee in exchange for severance compensation that typically exceeds statutory minimums. The agreement must comply with federal and provincial employment standards, including minimum notice and severance requirements, while also addressing common law entitlements. It's particularly important in protecting employers from future claims while ensuring employees receive fair compensation. The document typically includes provisions for severance payment, benefits continuation, confidentiality obligations, and release of claims. This agreement requires careful drafting to ensure enforceability under Canadian law and should account for specific provincial requirements where applicable.
Suggested Sections

1. Parties: Identification of the employer and employee, including 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 when employment ends and final day of work

5. Severance Payment: Details of severance amount, payment schedule, and tax treatment

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

7. Continuing Obligations: Ongoing responsibilities including confidentiality and non-disparagement

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

9. Tax Indemnity: Employee's responsibility for tax consequences of severance payment

10. Acknowledgment: Employee's confirmation of understanding and voluntary acceptance

11. Independent Legal Advice: Confirmation of opportunity to seek independent legal counsel

12. Governing Law: Specification of applicable Canadian jurisdiction

13. Execution: Signature blocks and date of agreement

Optional Sections

1. Benefits Continuation: Details of extended health benefits, if offered beyond termination

2. Outplacement Services: Description of career transition services if provided

3. Stock Options/RSUs: Treatment of outstanding equity compensation, if applicable

4. Reference Letter: Terms regarding employment references and confirmation of employment

5. Non-Competition: Post-employment competitive restrictions, if enforceable and appropriate

6. Non-Solicitation: Restrictions on soliciting employees or customers

7. Pension and RRSP: Treatment of retirement benefits and accounts

8. Reinstatement Rights: Waiver of any right to future employment

9. Immigration Support: Provisions for work permit or immigration status implications

Suggested Schedules

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

2. Schedule B - Benefits Summary: Details of benefit continuation terms and coverage

3. Schedule C - Outstanding Equity Awards: List of stock options, RSUs, or other equity compensation

4. Schedule D - Company Property: Itemized list of company property to be returned

5. Appendix 1 - Reference Letter: Agreed form of reference letter if included in agreement

6. Appendix 2 - Release Certificate: Additional release to be signed on receipt of payment or at termination date

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

Construction

Energy

Transportation

Telecommunications

Mining

Real Estate

Agriculture

Entertainment

Hospitality

Relevant Teams

Human Resources

Legal

People Operations

Employee Relations

Executive Leadership

Talent Management

Compensation and Benefits

Finance

Payroll

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

Chief Executive Officer

Chief Operating Officer

Department Manager

Senior Executive

Vice President

Director

Manager

Supervisor

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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