Employer Termination Planning

Start with the employment agreement and the facts surrounding the termination. Does an enforceable clause limit entitlements to statutory minimums, preserve common-law reasonable notice, or set something in between? Then check benefit continuation, bonus and equity terms, mitigation language, and any amount offered for a release.

Assemble the applicable statutory entitlements, including notice or termination pay, severance pay where the employee qualifies, and outstanding wages and vacation pay. Then add contractual or common-law entitlements and any extra amount offered for a release. Benefits, bonus and incentive treatment, outplacement, and references may also need to be addressed.

The termination letter should be clear, correct, and dated. The release should be proportionate to the amount offered and carve out non-releasable entitlements. Documents addressing the return of property, last-day logistics, and benefits should be ready before the meeting.

Who is present, where it happens, how the message is delivered, what is provided in writing, and how access and communications are managed afterward. A calm, composed meeting reduces the risk of a difficult follow-up.

Internal messaging, reference handling, property return, and post-termination contact all shape what follows. A respectful and well-documented process can reduce avoidable friction even when the decision itself is difficult.