Enforceable termination clauses are one of the best benefits an employer can get out of entering into a written employment agreement with an employee. While an employer likely hopes that they’ll never have to terminate an employee, that won’t likely be the reality for any longstanding business.
I advise employers and employees and therefore regularly draft and review termination clauses. The issue of whether a termination clause complies with the minimum notice requirements set out in the Employment Standards Act (the “ESA”) may be the most litigated issue in employment law over the past 5 years. So employment lawyers like me pay close attention to what the courts are saying on this issue.
We have started the last month of 2019 and it is time for my annual top employment law stories of the year. 2019 has been a relatively good news year for Ontario employers.