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The importance of accurate wording in termination provisions

Tuesday, June 05, 2018 @ 3:03 PM | By Daniel Lublin and Daniel Chodos

Three separate cases from the Court of Appeal concerning termination provisions in employment contracts have unfortunately not provided the clarity that many workplace lawyers sought.

Termination language in employment contracts is drafted by employers to replace the common law obligation to provide “reasonable notice” to dismissed employees. Most of the time, these clauses are used to provide employees with less severance than they would otherwise receive if the contract said nothing at all. Now more than ever, these clauses are used to provide the minimum termination...