Are termination clauses in policy manuals enforceable?

When an employer includes a termination clause in its policy manual that limits an employee's rights upon dismissal,

 

When determining how much notice of dismissal (or pay in lieu of notice) an employee is entitled to,

 

Unless an employee and employer agree otherwise, it is generally assumed that the employer can only terminate the employee without cause by providing reasonable notice of dismissal (or pay in lieu of notice).

 

brendan harvey - wrongful dismissal vancouver
About the Author

Brendan Harvey advises and represents employees and small businesses at all stages before, during, and after the employment relationship. His primary areas of practice include wrongful dismissal, employment standards, and human rights litigation. If you would like to schedule a meeting with Brendan Harvey or any other of our lawyers, give us a call at 604-988-1000.

Recent Posts

What Happens if You Don’t Have an Official Employment Contract?
Not every employee has a written employment contract as proof of their employment. In fact, the opposite is more commonplace than most people would guess. Many employees are hired verbally, without any physical documentation outlining the terms of their employment. This is fine if everything runs smoothly in the workplace. But if it doesn’t, it […]
READ MORE
Employment Contracts, Employees and Independent Contractors
It’s a hotly debated and highly complicated situation when interpreting the differences between the independent contractor and the employee. They’re often swimming around in the same waters, especially in long-term arrangements where services are provided in the workplace.  On the other hand, from a legal point of view, they couldn’t be more different.   “Although […]
READ MORE
Employment Law – How Contractors Can Remain Contractors
As mentioned in the previous article about  employment contracts and independent workers, there are many misconceptions regarding what it is that defines an independent contractor from an employee.  If your employment arrangement comes to an unhappy end and you wind up in court, the legal status of your agreement will be in question.   Employment […]
READ MORE