TWO PROGRAMS: An Update on Drafting Termination Clauses: Baker and Dismissing ‘At Any Time’ AND Understanding Different Forms of Employee Compensation and How to Minimize Risk

An Update on Drafting Termination Clauses: Baker and Dismissing ‘At Any Time’ examines Ontario employment termination clauses under the Employment Standards Act, with attention to statutory minimums, common law notice, benefit continuation, severance pay, and the interpretation of employment contracts. The presentation highlights recent case law on unenforceable termination provisions, including Rahman, Lamontagne, Baker, and Bertsch, with particular focus on “at any time” language, ESA compliance, and drafting risks that can preserve or defeat an employer’s ability to contract out of common law notice. 

Understanding Different Forms of Employee Compensation and How to Minimize Risk examines statutory and common law notice, equity compensation, non-discretionary bonuses, commissions, and related termination entitlements under Ontario employment law. The presentation highlights the risks created by unenforceable termination clauses, unclear plan documents, active employment language, ESA wage protections, vacation pay on incentive compensation, and recent cases including Paquette, Adelman, Liggett, Matthews, and Wigdor. It offers practical guidance on drafting employment agreements, equity plans, bonus and commission terms, and deduction language to reduce liability when employment ends.