Termination of Employment: New Risks and Best Practices

More than ever, employers are facing high damage claims for post-termination conduct, and a heightened risk their employment agreement termination language will be found unenforceable.

Join us as we discuss:

1. Employment Contract Considerations

• Recent caselaw on the enforceability of termination clauses.

• When will ancillary terms jeopardize a termination clause?

• Risks associated with the termination of a fixed term employment agreement.

2. An Increase in “Bad Faith” Claims Related to the Manner of Termination

• What should (and should not) be included in the termination letter.

• How to minimize the risk of reputational damage to an employee post-termination.

• When will delay in the payment of statutory entitlements increase an employer’s potential liability?

3. Post-Termination Income and its Impact on Damage Awards

• An update on the duty to mitigate.

• The impact of Employment Insurance (EI) and Canada Emergency Relief Benefits (CERB) payments on a damage award.