Employment Termination Ontario (Part 1)

Employee Termination Agreement



Please regard that this information here is not legal advice and is provided only for informational and educational purposes. If you are an employer or employee and need legal advice with respect to employee termination, you should seek professional assistance (e.g. make a post on Dynamic Lawyers). They have Toronto, Ottawa, Hamilton, Brampton, Mississauga and other Ontario lawyers registered to help you. You can contact Michael Carabash directly if you need a lawyer.



This is the first of a series of blog posts Michael is writing about employee termination. In this blog, he’ll briefly discuss what is an Employee Termination Agreement and how it can be structured. In the next blog, he’ll discuss some important elements of this Agreement.



Employee Termination Letter: What is it?

An Employee Termination Agreement allows an Employer to end an individual’s employment. If an Employer ends that relationship by telling an Employee: "you’re being let go and we’ll send you your final pay check in the mail", he could be subject to costly and time-consuming litigation claims related to things like whether the termination pay was fair,whether the method of termination was heavy-handed, or whether the Employee is able to compete against the former Employer. To stay away from disputes,an Employer should have an Employee Termination Agreement. It allows the Employer to settle any and all real or possible disputes with the Employee concerning the employment and termination thereof in exchange for payment, and, it allows the Employer to require the Employee to agree to restrictive covenants such as non-compete and non-solicitation clauses. If the employment relationship was already regulated by a written agreement which contained such clauses (such as the Employment Agreement that can be found here), it’s still an excellent practice to have the Employee enforce these terms upon termination.



Structure of Employee Termination Letter

Different terms and conditions are usually included in an Employee Termination Agreement, such as:



* Restrictions Reasonable

* Background information

* General Terms

* Release of Claims by Employee

* No Claims to be made by Employee

* No Assignment of Claims by Employee

* No Assistance by Employee

* No Admission of liability by Employer

* Non-Compete, Non-Solicitation, Non-Disparagement

* Introductory clause

* Injunctive Relief

* Payment by Employer to Employee



At DynamicLawyers, they have both! The Employee Termination Agreement can be used by an Employer to terminate an Employee’s employment. It is drafted in favor of the Employer: it includes a release of liability, settlement of claims relating to the employment and termination thereof, and includes restrictive covenants (e.g. non compete and non solicitation clauses). If you’re looking for an employment agreement, just contact Michael, or make a post to dynamiclawyers. Both agreements sell for only $47 and they come with video tutorials and 2 free written guides (the form and the written guides are lawyer-prepared).





This information and this sample video guide is NOT legal advice and is provided for informational purposes only. If you need an Ontario lawyer, go to Dynamic Lawyers and make a post.