First Reference Talks

Discussions on Human Resources, Employment Law, Payroll and Internal Controls

termination with cause

By | 3 Minutes Read

Waksdale v. Swegon North America Inc. – Is your termination clause still enforceable?

Almost all employers require new employees to sign an employment contract. And almost all employment contracts have a termination clause. And most of the termination clauses have a provision which states that the employer has the right to terminate an employee for just cause without notice. This case suggests most of these termination clauses are not enforceable.

By | 4 Minutes Read

A beginner’s guide to without cause terminations

If an employer terminates an employee without cause, it means they don’t have to provide a reason, but they do have to provide “notice”.

By | 3 Minutes Read

Does an illegal ‘just cause’ clause void a legal ‘without cause’ clause in an employment agreement?

In Waksdale v. Swegon North America Inc., 2019 ONSC 5705 (CanLII), the Plaintiff signed an Employment Agreement that had a Termination Section that contained both a Termination Without Cause Clause and a Termination With Cause Clause. However, it is important to note that the Termination Without Cause Clause and the Termination With Cause Clause were in two distinct paragraphs separated from each other in the Termination Section. They were not mixed together in the same paragraph.

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