Tag: severance agreement


Case Study: Recent NLRB Ruling Places New Restrictions On Severance Agreements

Over the years, the NLRB has taken various positions regarding what activities might “chill” an employee’s right to organize, with some directors being very narrow in their interpretation and others extremely expansive. In evaluating whether language and severance agreements “chilled” these rights in 2020, the Board looked at both the plain language of the agreement […]

B.C. Court of Appeal addresses termination and severance issues

by Kevin O’Neill, Q.C. In Canada, in Hall v. Quicksilver Resources Canada Inc., 2015 BCCA 291, the British Columbia Court of Appeal addressed two important termination and severance issues: 1. In the sale of a business, when and how do an employee’s years of service continue to bind the purchaser? 2. What is the proper […]

May the enforceability of your release be with you

by Hannah Roskey We have all been faced with employees’ buyer’s remorse. They accept a severance package, sign a release, cash the severance check, and then claim that the release is unenforceable. Recently the Alberta Human Rights Commission considered this very issue in Marquardt v. Strathcona County.

A deal or not? Lack of release not necessarily trouble for employer

By Karen Sargeant You’ve terminated an employee’s employment without cause and offered a reasonable package. You’ve negotiated a settlement, prepared the settlement documentation, and paid out the severance. You thought you dotted all your i’s and crossed all your t’s, but you forgot one crucial part – the former employee never signed the release you […]

When an Employee Wants to Resign but Continue Working

by Susan Hartmus Hiser Q: We have an employee who has been having performance problems. He has offered to resign in lieu of being placed on a performance improvement plan, but he wants to continue working for another couple of months because he feels he has a better chance of getting a new job if […]

Canadian Employers May Be Obligated to Provide References

by Stephen Acker and Christopher Ferguson Letters of reference are understandably important to employees. For many employees, they are considered essential rather than a hopeful add-on to an application. A glowing letter of reference from a trusted source can sometimes tip the balance and lead to a hire. A bad or withheld letter, or one […]