Repudiation of Employment Agreements: Breach of Termination Clauses
When an employer fails to respect the termination provisions set out in an employment agreement, it may amount to a repudiation of the contract. In employment law, repudiation occurs when one party demonstrates—through their words or actions—that they no longer intend to be bound by a fundamental term of the agreement. Termination provisions are among the most important of these terms.
If an employer dismisses an employee without providing the termination notice, pay, or benefits required by the contract, this can be treated as a breach so serious that the employee is entitled to treat the contract as terminated and seek damages.
At Singh Lamarche LLP, we advise employees and employers in disputes where termination clauses have not been respected—often leading to significant legal and financial consequences.
For Employees:
If you were dismissed and your employer failed to comply with the termination provisions in your contract, you may have a claim for damages well beyond what was offered. We can help you:
- Determine whether the termination breached your employment agreement;
- Assess whether the breach amounts to a repudiation of the contract;
- Pursue wrongful dismissal damages, including pay in lieu of notice, lost benefits, and potentially aggravated or bad faith damages;
- Challenge employer reliance on invalid or unenforceable termination clauses.
Even when an employer provides some form of severance, if the contractually agreed-upon entitlements are not met, you may be entitled to treat the contract as repudiated and seek full common law notice.
For Employers:
Failing to follow the termination clause in an employment contract—whether by mistake, omission, or design—can expose your business to liability for wrongful dismissal. We help employers:
- Interpret and comply with termination provisions, including notice periods, continuation of benefits, and bonus entitlements;
- Mitigate the risk of repudiation claims by executing terminations properly and in good faith;
- Review and update employment contracts to ensure termination clauses are enforceable and up-to-date with current legal standards;
- Respond to legal claims arising from alleged repudiation or breach of contract.
Courts in Ontario take termination rights seriously. When an employer disregards a contractually agreed process, it may not only amount to breach of contract, but also give rise to additional damages for failing to act in good faith.
If you believe a termination provision has been ignored—or you are concerned about how to apply one—Singh Lamarche LLP can provide the guidance and advocacy you need.
Request a Consultation
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You may call us at 647-799-0499 or you can click here to request a consultation online.