Ask your question and an employment lawyer in Ontario, BC or Alberta will answer in minutes
Ontario, senior individual-contributor role at a private VC-backed tech company, 5+ years tenure. Just received a written warning with a short improvement window; possibility of termination if it doesn't go well.
Two questions:
My employment agreement's termination clause caps without-cause pay at ESA minimums, but the for-cause clause separately lists "just cause under common law" as a zero-notice ground (not just wilful misconduct). Does that kind of drafting typically get struck down under Waksdale, and if so, does that mean I'd be entitled to common-law reasonable notice instead?
I hold stock options, some time-vested and some that only vest on a company sale/exit above a certain return threshold, contingent on still being employed at closing. If I were terminated without cause before a sale closed, is there real precedent for claiming damages for the options that would have vested during a reasonable notice period (i.e. the Matthews v Ocean Nutrition line of cases), given that option agreements usually try to contractually cut off vesting the moment employment ends?
Trying to figure out realistic exposure before deciding how to handle the next few weeks. Any input appreciated.
It is difficult to answer these questions without reviewing the applicable documents. However, I can say that that type of drafting does typically void a termination clause which would entitle the employee to common law severance pay. In terms of stock options, a case has come out recently that strengthens employees' entitlement to damages on account of stock options that would have vested during the notice period. Please contact our firm if you would like us to review your contracts and provide an assessment of your case.