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Termination Of Employment Without Notice for Canada

Termination Of Employment Without Notice Template for Canada

This document template provides a comprehensive framework for implementing an immediate termination of employment under Canadian law, incorporating federal and provincial requirements for termination without notice. It addresses the necessary elements for a legally compliant termination, including just cause documentation, final pay calculations, benefit termination details, and continuing obligations. The document ensures compliance with the Canada Labour Code for federally regulated employers and relevant provincial employment standards legislation, while incorporating requirements under human rights legislation and common law principles.

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Termination Of Employment Without Notice

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What is a Termination Of Employment Without Notice?

The Termination Of Employment Without Notice document is used when an employer needs to immediately end an employment relationship due to serious misconduct or just cause under Canadian law. This document is essential when circumstances require immediate termination without providing notice or pay in lieu of notice, typically in cases involving theft, serious misconduct, willful negligence, or other fundamental breaches of the employment contract. The document must be carefully drafted to ensure compliance with both federal and provincial employment standards, human rights legislation, and common law requirements. It includes detailed documentation of the cause for termination, final pay calculations, benefit termination information, and instructions for company property return. This template is designed to protect both employer and employee rights while minimizing legal risks associated with immediate termination.

What sections should be included in a Termination Of Employment Without Notice?

1. Date and Address Block: Formal letter heading with current date and employee's full address

2. Immediate Termination Statement: Clear statement that employment is terminated effective immediately, with specific termination date

3. Grounds for Termination: Detailed explanation of the serious misconduct or just cause warranting immediate termination

4. Final Pay Details: Breakdown of final payment including salary up to termination date, accrued vacation pay, and any other entitled payments

5. Benefits Termination: Information about cessation of benefits and any conversion options

6. Company Property: List of company property to be returned and process for return

7. Continuing Obligations: Reminder of ongoing obligations regarding confidentiality and non-competition/non-solicitation if applicable

8. ROE and Tax Forms: Information about Record of Employment and tax documentation

What sections are optional to include in a Termination Of Employment Without Notice?

1. Legal Release: Optional section requesting employee to sign a release in exchange for any payments beyond statutory minimums

2. Outplacement Services: Optional offer of career transition services, if company policy provides for this

3. Reference Letter: Optional section addressing whether a reference letter will be provided

4. Group Benefits Conversion: Details about converting group benefits to individual coverage, if applicable

5. Stock Options/RSUs: Treatment of any outstanding equity compensation, if applicable

6. Personal Items Collection: Process for collecting personal belongings if employee is not returning to the workplace

What schedules should be included in a Termination Of Employment Without Notice?

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

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

3. Schedule C - Release Agreement: If applicable, the form of release to be signed by the employee

4. Schedule D - Benefit Continuation Details: If applicable, detailed information about any continued benefits and conversion options

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

Cost

Free to use
Relevant legal definitions





























Clauses






















Relevant Industries

Technology

Financial Services

Manufacturing

Retail

Healthcare

Professional Services

Construction

Education

Hospitality

Transportation

Mining

Energy

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Non-Profit

Relevant Teams

Human Resources

Legal

People Operations

Employee Relations

Senior Management

Payroll

Benefits Administration

Corporate Services

Relevant Roles

Human Resources Director

HR Manager

Employment Lawyer

Corporate Counsel

HR Business Partner

People Operations Manager

Employee Relations Manager

Chief Human Resources Officer

HR Specialist

Talent Manager

Department Manager

Business Unit Director

Chief Executive Officer

Chief Operating Officer

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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