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Employee Release Agreement for Canada

Employee Release Agreement Template for Canada

A Canadian Employee Release Agreement is a legally binding document that formalizes the termination of employment between an employer and employee. This agreement, governed by Canadian federal and provincial employment laws, outlines the terms of separation including severance payments, benefits continuation, and mutual releases of claims. It provides legal protection for both parties by clearly defining their rights and obligations post-employment, while ensuring compliance with Canadian employment standards, human rights legislation, and privacy laws. The document typically includes provisions for confidentiality, non-disparagement, and the return of company property, while potentially addressing ongoing obligations such as non-competition and non-solicitation requirements where applicable under Canadian law.

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What is a Employee Release Agreement?

The Employee Release Agreement is a crucial document in Canadian employment law, used when an employment relationship is being terminated, whether through mutual agreement, restructuring, or other circumstances. This agreement serves multiple purposes: it provides clarity on the terms of separation, documents the financial compensation and benefits the employee will receive, and establishes mutual releases to prevent future legal claims. The document must comply with both federal and provincial employment standards, including minimum notice periods and severance requirements specific to Canadian jurisdictions. It's particularly important in situations involving senior employees, sensitive departures, or when significant severance packages are offered. The agreement typically includes provisions for confidentiality, non-disparagement, and return of company property, while potentially addressing post-employment obligations. It's essential that the agreement be drafted in compliance with applicable Canadian employment standards legislation, human rights codes, and privacy laws to ensure enforceability.

What sections should be included in a Employee Release Agreement?

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

2. Background: Brief recital of employment history, termination context, and purpose of the agreement

3. Definitions: Key terms used throughout the agreement including 'Effective Date', 'Released Claims', and 'Termination Date'

4. Termination of Employment: Confirmation of employment termination date and immediate obligations

5. Severance Payment: Details of all financial compensation, including timing and method of payment

6. Statutory Deductions: Confirmation that all payments are subject to applicable tax and statutory deductions

7. Release and Discharge: Comprehensive release of claims against employer and related entities

8. Confidentiality: Obligations regarding confidentiality of agreement terms and company information

9. Return of Property: Requirements for returning company property and documents

10. Non-Disparagement: Mutual commitments to refrain from making negative statements

11. Acknowledgements: Employee's confirmation of understanding, independent legal advice, and voluntary execution

12. General Provisions: Standard clauses including governing law, entire agreement, and severability

13. Execution: Signature blocks and date of agreement

What sections are optional to include in a Employee Release Agreement?

1. Reference Letter: Terms regarding the provision of employment references, used when agreed as part of the settlement

2. Non-Competition: Post-employment competitive restrictions, included when necessary and legally enforceable

3. Non-Solicitation: Restrictions on soliciting employees or customers, included when business protection is required

4. Ongoing Benefits: Details of any continued health or insurance benefits, included when extending benefit coverage

5. Outplacement Services: Terms of career transition support, included when such services are offered

6. Stock Options/RSUs: Treatment of outstanding equity compensation, included when employee has equity-based compensation

7. Cooperation: Requirements for post-termination assistance, included when ongoing cooperation may be needed

8. Re-Employment: Terms regarding future employment possibilities, included when addressing potential re-hiring

9. Certificate of Independent Legal Advice: Formal confirmation of legal consultation, included when required by company policy or circumstances

What schedules should be included in a Employee Release Agreement?

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

2. Schedule B - Company Property Checklist: Itemized list of company property to be returned

3. Schedule C - Benefits Continuation Details: Specific terms and duration of continued benefits coverage

4. Schedule D - Outstanding Equity Awards: List of stock options, RSUs, or other equity compensation and their treatment

5. Appendix 1 - Reference Letter: Agreed form of employment reference letter

6. Appendix 2 - Independent Legal Advice Certificate: Form for lawyer's certification of provided legal advice

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Canada

Publisher

Ƶ

Document Type

Release Agreement

Cost

Free to use
Relevant legal definitions



































Clauses




































Relevant Industries

Technology

Financial Services

Manufacturing

Retail

Healthcare

Professional Services

Education

Construction

Energy

Telecommunications

Mining

Transportation

Real Estate

Hospitality

Media and Entertainment

Non-Profit

Relevant Teams

Human Resources

Legal

Finance

Operations

Sales

Marketing

Information Technology

Research and Development

Customer Service

Administration

Executive Leadership

Product Development

Quality Assurance

Project Management Office

Business Development

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Chief Operating Officer

Director

Senior Manager

Manager

Supervisor

Team Lead

Professional Staff

Technical Specialist

Sales Representative

Administrative Staff

Human Resources Manager

Department Head

Regional Manager

Project Manager

Account Executive

Operations Manager

General Counsel

Executive Assistant

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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