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At Will Employment Termination Notice for Canada

At Will Employment Termination Notice Template for Canada

A Canadian Employment Termination Notice is a formal document used to communicate the termination of employment while ensuring compliance with Canadian federal and provincial employment standards. Unlike U.S. at-will employment, this notice must address mandatory notice periods or pay in lieu of notice, as required by Canadian law. The document outlines the termination date, notice period details, final compensation calculations, benefit continuation information, and post-employment obligations. It serves both as a legal record and a comprehensive communication tool that helps manage potential legal risks while providing clear direction to the departing employee regarding their entitlements and obligations.

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At Will Employment Termination Notice

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What is a At Will Employment Termination Notice?

The At Will Employment Termination Notice, while carrying that name, must be adapted for the Canadian legal context where true at-will employment does not exist. This document is essential for Canadian employers when terminating employment relationships, as it must comply with minimum standards set by federal and provincial employment laws. It is used when an employer decides to end an employment relationship without cause, requiring proper notice or pay in lieu of notice as mandated by Canadian legislation. The notice typically includes specific details about the termination date, notice period, final pay calculations, benefit continuations, and return of company property. It's crucial to note that Canadian law requires employers to provide either reasonable notice of termination or pay in lieu of notice, making this document significantly different from its U.S. counterpart. The document serves as both a formal communication tool and a legal record of the termination process.

What sections should be included in a At Will Employment Termination Notice?

1. Letterhead and Date: Company letterhead and current date of the notice

2. Recipient Information: Employee's full name and address

3. Subject Line: Clear indication that this is a termination notice

4. Notice of Termination: Clear statement of employment termination and effective date

5. Notice Period Details: Information about the notice period or pay in lieu of notice being provided

6. Final Pay Information: Details about final salary, vacation pay, and other outstanding compensation

7. Benefits Information: Information about continuation or termination of benefits

8. Company Property: Instructions regarding return of company property

9. Confidentiality Reminder: Reminder of ongoing confidentiality obligations

10. Contact Information: Details of who to contact for questions or arrangements

11. Signature Block: Company representative's signature and title

What sections are optional to include in a At Will Employment Termination Notice?

1. Severance Package Details: Include when offering additional severance beyond statutory minimums

2. Reference Letter Provision: Include when the company agrees to provide a reference letter

3. Outplacement Services: Include when offering career transition support

4. Release Agreement Reference: Include when a separate release agreement is being provided

5. Garden Leave Instructions: Include for senior employees who will be on garden leave during notice period

6. Non-Competition Reminder: Include when employee is bound by existing non-compete agreements

7. Project Transition Details: Include for employees with specific handover requirements

What schedules should be included in a At Will Employment Termination Notice?

1. Schedule A - Final Payment Calculation: Detailed breakdown of final pay, including salary, vacation pay, and other entitlements

2. Schedule B - Benefits Summary: Detailed information about benefit continuation periods and conversion options

3. Schedule C - Company Property Checklist: List of company property to be returned

4. Appendix 1 - Outplacement Services Details: Information about provided outplacement services and how to access them

5. Appendix 2 - Confidential Information Summary: Summary of confidential information obligations and restricted information

Authors

Alex Denne

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

Jurisdiction

Canada

Publisher

Genie AI

Document Type

Termination Letter

Cost

Free to use
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