Severance Settlement Agreement Template for Canada

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Key Requirements PROMPT example:

Severance Settlement Agreement

"I need a Severance Settlement Agreement for a senior software developer being laid off due to corporate restructuring, with termination date of March 15, 2025, including 6 months of benefits continuation and standard non-compete provisions for the technology sector."

Document background
The Severance Settlement Agreement is a crucial document used in Canadian employment law contexts when formalizing the termination of employment relationships. It is typically implemented in situations involving termination without cause, corporate restructuring, or mutually agreed departures. The agreement serves multiple purposes: it documents the financial terms of the separation, including severance pay and benefits; protects both parties through mutual releases and confidentiality provisions; and ensures compliance with federal and provincial employment standards. This document is particularly important in Canada due to the complex interplay between federal and provincial employment laws, and the significant obligations employers have regarding severance payments and notice periods. The agreement should be customized based on factors such as length of service, position level, and specific provincial requirements.
Suggested Sections

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

2. Background: Brief history of employment relationship, reason for termination, and context for the agreement

3. Definitions: Key terms used throughout the agreement

4. Termination Date: Clear statement of when employment relationship ends

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

6. Statutory Deductions: Treatment of tax and other statutory deductions from severance payment

7. Benefits Continuation: Duration and terms of continued benefits coverage

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

9. Confidentiality: Ongoing obligations regarding confidential information

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

11. Non-Disparagement: Agreement not to make negative statements about each other

12. Reference Letter: Terms regarding employment references

13. Governing Law: Applicable jurisdiction and law

14. Independent Legal Advice: Acknowledgment of opportunity to seek independent legal advice

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

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, used when employee had significant client or staff relationships

3. Equity Compensation: Treatment of stock options or other equity-based compensation, included if employee participated in such programs

4. Outplacement Services: Details of career transition support, included if part of severance package

5. Pension Considerations: Special provisions regarding pension benefits, included for long-term employees or special pension arrangements

6. Cooperation in Transition: Terms for employee assistance in transition period, used when knowledge transfer is important

7. Immigration Status: Provisions regarding work permits or immigration status, included for foreign workers

8. Intellectual Property: Specific provisions regarding IP rights, used when employee was involved in creative or technical work

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 terms

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

4. Schedule D - Reference Letter: Agreed form of reference letter

5. Schedule E - Release: Detailed release of claims document

6. Appendix 1 - Confidential Information: Detailed description of confidential information covered by agreement

7. Appendix 2 - Outstanding Obligations: List of any remaining obligations between parties

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

Energy

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Non-Profit

Relevant Teams

Human Resources

Legal

Finance

Executive Leadership

Payroll

Compliance

Employee Relations

Benefits Administration

Risk Management

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Senior Executive

Department Manager

Project Manager

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Software Developer

Administrative Assistant

Human Resources Manager

Operations Director

Regional Manager

Account Executive

Research Scientist

Production Supervisor

Marketing Manager

Financial Analyst

Legal Counsel

Technical Specialist

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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