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Termination clause

Is Your Termination Clause Enforceable? Part 2

In our first installment I described the possible effect of well drafted termination clauses in employment contracts.  Where a termination clause is not properly drafted and fails to meet the minimum standard set in the Employment Standards Act, it will be unenforceable.  The following are some examples of termination clauses that BC courts have considered and found […]

By |January 8th, 2016|Contracts, Contractual notice, Damages, Fundamental contract terms, Termination clause, Wrongful dismissal|Comments Off on Is Your Termination Clause Enforceable? Part 2|

Is Your Termination Clause Enforceable? Part 1

Many employment contracts these days contain clauses that are commonly referred to as “termination clauses” (sometimes also called “fixed notice periods”, “defined notice periods”, “severance clauses”, etc).  A termination clause will usually define the exact amount of notice or severance pay that an employee will receive in the event of termination. Almost always, a […]

By |January 8th, 2016|Contracts, Contractual notice, Damages, Employment Law, Fundamental contract terms, Termination clause|Comments Off on Is Your Termination Clause Enforceable? Part 1|

Severance Pay vs. Reasonable Notice

What is Severance Pay?
Severance pay is a general term used for a payment that flows from the employer to the employee when the employment relationship is terminated without cause. Severance pay may equate to statutory notice or reasonable notice, but they are not the same thing. The range in severance pay goes from none […]

Dismissal, Mitigation and Termination Clauses

Typical employment agreements contain the implication that an employer must provide reasonable notice to an employee prior to dismissal. If the employer doesn’t provide the correct notice, they breach the contract and the employee is entitled to damages. The employee is then required by law to mitigate (or lessen) his or her damages by seeking […]

By |October 19th, 2012|Contracts, Mitigation, Termination clause|Comments Off on Dismissal, Mitigation and Termination Clauses|