Sample Termination Template

MySense

STRICTLY CONFIDENTIAL

WITHOUT PREJUDICE

DATE

NAME

ADDRESS

DearNAME:

Thisis to advise you that your employment will terminate effective, DATE,due to (those reasons discussed with you)OR (a change in business conditions/performance concerns/ organizationalfit/etc.). [Note: employers also havethe option of providing employees with working notice]

Wewill provide you with a severance package, details of which are outlined in theattached Termination Agreement, (Appendix A). This amount is inclusive of anypayments, statutory or otherwise, which may be owed to you under theOntario Employment Standards Act.  

Thispackage is open for your review and acceptance until DATE.

Wewould also like to take this opportunity to remind you that, notwithstandingthe termination of your employment with the Company, certain of yourobligations under your employment contract and other agreements that you mayhave signed during your employment with the Company continue.  These obligations include, but may not be limitedto, obligations of confidentiality and obligations relating to any intellectualproperty to which you may have contributed while employed by the Company.

Ifyou have any questions concerning the information contained in this letter,please contact me directly.

Yourssincerely,

NAME

TITLE

Attachments

I,NAME,hereby accept the terms set out in Appendix A, in full and final satisfactionof any claims that I may have.

_______________________________________                _______________

Signature                                                                                  Date

APPENDIX A

Termination Agreement Between

     COMPANY and NAME

        

ThisAgreement confirms the circumstances surrounding the termination of youremployment with COMPANY, known as “XXX”.

1. Termination Date

Youremployment with COMPANY will terminate effective DATE.

2. Notice

• COMPANY will provide you with a lump sum payment equal to NUMBER     (X) week’s base salary, representing your notice and entitlement     as prescribed under the Employment     Standards Act, 2000. Payment will be made through the usual means as     part of the DATE pay cycle.
  

OR

• The period     between TODAY’S DATE and TERMINATION DATE is referred to     in this agreement as the “notice period”. During the notice period your     employment status will remain unchanged.      
  

3. Severance [NOTE: Depending on the lengthof service this clause may not be necessary]

• COMPANY will provide you with a lump sum payment equal to NUMBER     (X) base salary, representing your severance and entitlement as     prescribed under the Employment     Standards Act, 2000.
  

4. Vacation

Anyoutstanding vacation owing will be paid to you as a lump sum, less applicablestatutory deductions. Payment will be paid through the usual means as part ofthe DATEpay cycle.

5. Group Benefits

Yourgroup benefits coverage will continue for NUMBER (X) of weeks. (should be same as the number in 2) Youhave the option of converting your life insurance to an individual policy, aslong as it is done within NUMBER (X) (depends on your lifeinsurance plan) days after TERMINATION DATE. [NOTE: this is a legal requirement if youoffer life insurance under your group plan]

6. Additional Payment [NOTE: Depending on theterms of the applicable employment contract, an additional amount may not benecessary or desired.  Legal adviceshould be sought on this point]

Inaddition to the above items and conditional upon the signing and returning ofthe attached Full and Final Release, the Company is pleased to provide you withthe following additional assistance:

a)    Anadditional payment equal to an additional NUMBER (X) (number of additional weeks) weeks of base salarypaid through the usual means on “DATE” OR “THE COMPANY’S REGULARLYSCHEDULED PAYROLL CYCLE OVER THE NEXT NUMBER (X) WEEKS”

b)    Your current benefits, with the exception of NAME (nameall excluded benefits), will continue for an additional NUMBER (X) (should be the same as 6(a)) of weeks or until you obtain alternate employment or commenceparticipation in a business interest, whichever occurs first.

Theoffer contained in Section 6 is conditional upon your agreement to keep theterms hereof strictly confidential. You may only disclose the terms of thisoffer to your immediate family members and your legal and financialadvisors.  Any unauthorized disclosure ofthe terms of this offer shall immediately terminate the offer.

7. Expenses

COMPANYwill reimburse you for all reasonable business expenses incurred, up to andincluding (TERMINATION DATE), provided you submit appropriate forms andsupporting original receipts no later than XX days from this date.

8. Record of Employment

YourRecord of Employment will be provided to you no later than 5 days of the lastpayment made to you by the Company under the terms hereof.  You will need to present this form to yourlocal Human Resources and Skills Development Canada (HRSDC) in the event thatyou qualify for employment insurance benefits.

9. Change of Address

Inthe event that you change your address, please notify NAME at PHONE#or via email at XX@XX.CA so that we can arrange to forward your 20XXT4 to the correct address.

10. References

Atyour request, we will provide you with a letter confirming your employment withCOMPANY,according to our usual practices.

11. Return of Company Property

Upontermination of your employment, you are required to return all COMPANYproperty and material in your possession and are not to retain copies of suchmaterials.

12. Release

Any additional payments (above theminimum statutory legislation) is conditional upon your having signed,witnessed dated and returned the attached copy of this letter and the Releaseform (Appendix B) to NAME by DATE.

                                                            

From: www.marsdd.com
来自圈子: 英语大杂烩

MySense

RELEASE

WHEREAS the undersigned (the “Releasor”) was an employee of [Company] (the “Company”);

AND WHEREAS the Releasor’s employment with the Company has beenterminated,

NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the Company’soffer to provide payments to the Releasor over and above the Releasor’sstatutory entitlement, and for other valuable consideration, the receipt andsufficiency of which is hereby acknowledged, the Releasor covenants and agreesas follows:

1.  FULL AND FINALRELEASE

The Releasor does hereby release andforever discharge the Company, its successors, administrators, assigns,affiliates and related companies, and their directors, officers and employees(the “Released Parties”) of and from all actions, causes ofaction, damages, claims, cross claims and demands whatsoever, (including alldamage, loss and injury not now known or anticipated but which may arise in thefuture and all effects and consequences thereof), however and wherever arising,which the Releasor had, now has, or which the Releasor, its heirs,administrators and assigns or any of them hereafter can, shall or may have inrespect of the Releasor’s employment by the Company or the termination thereof.

The Releasor further agrees not to makeor continue any claim or take or continue any proceeding against the ReleasedParties in Canadaor elsewhere in the world, with respect to the employment of the Releasor bythe Company or with respect to the termination of the Releasor’s employment.

The Releasor warrants that the Releasorhas disclosed to the Company any and all human rights complaints, concerns orissues arising out of or in respect of the Releasor’s employment at the Company.  The Releasor confirms that the Releasor isaware of the Releaser’s rights under the Human Rights Code (Ontario) andwarrants that the Releasor knows of no violation of the Releasor’s rights underthe Human Rights Code (Ontario) during the term of the Releasor’semployment with the Company and is not asserting any rights or advancing anyhuman rights claim or complaint pursuant to the Human Rights Code(Ontario).

It is understood and agreed that boththis release and any consideration transferred hereunder are deemed to be noadmission whatsoever of liability on the part of the Released Parties.

2.  CONFIDENTIALITYUNDERTAKING

The Releasor, intending to be legallybound, hereby further agrees and undertakes to protect in strict confidence,and not to use or disclose, any and all information relating to the terms andthe fact of this Release.  

It is further understood that theReleasor will continue to be bound by any and all confidentiality agreementssigned by the Releasor while in the employ of the Company, and the Releasorrecognizes that the full force of penalties and consequences pertaining to thebreach of said agreements remain in full force.

3.  BENEFIT OFRELEASE, AGREEMENT AND UNDERTAKING

It is understood and agreed that thisRelease shall enure to the benefit of the Released Parties and shall be bindingon the Releasor, the Releasor’s successors, administrators, assigns, affiliatesand related companies.

The Releasor’s acknowledges that thesigning of this Release is not a condition for the Releasor to receive anymoney to which the Releasor would otherwise be entitled to by operation ofstatute.

The Releasor hereby declares that itfully understands the terms of this settlement, has had the opportunity toobtain independent legal representation in connection with this Release andthat it voluntarily accepts same for the purpose of making full and finalcompromise, adjustment and settlement of all claims as aforesaid, whetherarising by force of contract, at common law, or under applicable statutes.

IN WITNESS WHEREOF this agreement hasbeen executed before the undersigned witness by the Releasor on the ____ day of______________, 20XX.

SIGNED, SEALED ANDDELIVERED              

                                                                     )                          

SIGNED in thepresence of                             )              

                                                                     )

                                                                     )

                                                                     )

__________________________                        )              _____________________________

WITNESS                                                      )              RELEASOR

Name:                                                            )              Name:

                                                                     )