When an employee's employment is terminated without cause, in the absence of
an enforceable termination provision in an employment agreement, the employee will be entitled to reasonable notice of termination of employment at common law.
For employers with the motivation to diminish the amount of severance paid, better yet, to a mediocre employee, I offer the following eight tips to ensure a valid and
enforceable termination provision.
Not exact matches
There was no mention of any of the prior case law that had been consistently followed by lower courts in recent years that required
termination provisions to mention benefits in order to be
enforceable.
Canac should have entered an
enforceable agreement with the Keenans with a specific
provision for notice upon
termination.
The Court of Appeal held that when the employer terminated a fixed term employment contract, without cause, and there was no
enforceable provision for early
termination without cause, the employee was entitled to the compensation that he would have received to the end of the employment contract.
[47] I turn first to the issue whether the
termination provision in the Employment Agreement was
enforceable, given that it was signed nine months after the appellant commenced employment pursuant to the Offer Letter, which said nothing about notice of
termination.
To the point, can a trial judge use a severability clause to excise the offending portion of a
termination provision, keeping the remainder of such
provision enforceable?
One commenter recommended that the protection apply more widely, including for States that have policies related to
termination of coverage, like «free look
provisions,» Start Printed Page 10801that may not be law but that are otherwise
enforceable by the State.