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Company Separation Agreement Template for Canada

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Key Requirements PROMPT example:

Company Separation Agreement

"I need a Company Separation Agreement for a departing Senior Vice President in the technology sector based in Ontario, Canada, including specific provisions for equity compensation and intellectual property protection, with the termination date set for March 1, 2025."

Document background
A Company Separation Agreement is essential when formally ending an employment relationship in Canada, whether through mutual agreement, resignation, or termination without cause. This document serves as a comprehensive record of all separation terms, protecting both employer and employee interests while ensuring compliance with Canadian federal and provincial employment laws. It typically includes details about severance payments, benefits continuation, confidentiality requirements, and releases of claims. The agreement is particularly important for managing risk, ensuring clear communication, and preventing future disputes. It must be carefully drafted to comply with minimum standards set by applicable legislation, including the Canada Labour Code for federally regulated employers or provincial employment standards for provincially regulated employers. The agreement can be customized based on factors such as employee seniority, position, and specific circumstances of the separation.
Suggested Sections

1. Parties: Identifies the company and the departing employee(s), including their full legal names and addresses

2. Background: Recitals explaining the employment relationship, reason for separation, and intent of the agreement

3. Definitions: Defines key terms used throughout the agreement for clarity and consistency

4. Effective Date: Specifies when the employment relationship officially ends

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

6. Benefits Continuation: Outlines any continuation of health, dental, or other benefits and their duration

7. Return of Company Property: Requirements and timeline for returning company equipment, documents, and other property

8. Confidentiality Obligations: Ongoing obligations to maintain confidentiality of company information

9. Release of Claims: Mutual release of legal claims between parties

10. Continuing Obligations: Surviving terms from employment agreement or other contracts

11. References: Agreement on how employment references will be handled

12. Non-Disparagement: Mutual agreements not to make negative statements about each other

13. Cooperation: Requirements for cooperation in transition and future matters

14. General Provisions: Standard legal clauses including governing law, entire agreement, and amendments

15. Execution: Signature blocks and date of agreement

Optional Sections

1. Equity Compensation: Treatment of stock options, RSUs, or other equity compensation - include when employee has equity-based compensation

2. Non-Competition: Restrictions on working for competitors - include when protecting company competitive interests is crucial and legally enforceable

3. Non-Solicitation: Restrictions on soliciting employees or customers - include when protecting company relationships is important

4. Intellectual Property: Assignment and protection of IP rights - include when employee was involved in creative or technical work

5. Board Resignation: Terms of resignation from board positions - include when employee held director positions

6. Outplacement Services: Details of career transition support - include when company is providing such services

7. Legal Fees: Payment or reimbursement of legal fees - include when company is covering employee's legal costs

8. Pension and Retirement: Treatment of pension benefits - include when employee has pension or retirement benefits

9. Insurance Obligations: Ongoing insurance requirements - include when there are continuing insurance obligations

10. Media Communications: Agreed approach to public announcements - include for senior executives or public-facing roles

Suggested Schedules

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

2. Schedule B - Benefits Summary: Comprehensive list of benefits and their continuation periods

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

4. Schedule D - Release of Claims: Detailed release language and specific claims covered

5. Schedule E - Equity Holdings: Summary of all equity compensation and their treatment

6. Schedule F - Reference Letter: Agreed form of reference letter if applicable

7. Appendix 1 - Confidential Information: Detailed definition of confidential information

8. Appendix 2 - Resignation Letters: Form of resignation letters from various positions

9. Appendix 3 - Press Release: Agreed form of any public announcements

10. Appendix 4 - Continuing Obligations: List of surviving provisions from previous agreements

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 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

Professional Services

Healthcare

Retail

Energy

Mining

Telecommunications

Construction

Education

Transportation

Media and Entertainment

Real Estate

Hospitality

Relevant Teams

Human Resources

Legal

Executive Leadership

Finance

Operations

Sales

Marketing

Information Technology

Research and Development

Administration

Customer Service

Product Development

Project Management

Business Development

Compliance

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Chief Operating Officer

Senior Vice President

Vice President

Director

Senior Manager

Manager

Team Lead

Senior Professional

Professional

Executive Assistant

Administrative Staff

Sales Representative

Technical Specialist

Department Head

Regional Manager

Project Manager

Account Manager

Human Resources Manager

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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