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The never-ending search for fairness in a termination clause

Thursday, March 01, 2018 @ 8:51 AM | By Ryan Freeman

There have been several important decisions this past year dealing with the enforceability of termination clauses in employment agreements and how a court is to interpret a clause to determine the employer’s obligations to a departing employee. The importance of these decisions can be seen by contrasting the financial consequences that follow when an employer makes the decision to terminate an individual’s employment.

When a termination clause is enforceable and successfully limits an employee’s entitlements upon termination to the statutory minimums prescribed by the applicable employment...