Clarification on Enforceability of Termination Clauses

The enforceability of termination clauses in employment contracts is always a hot-button issue in employment law disputes.

At common law, employees are entitled to reasonable notice, which is determined based on an assessment of a number of factors (age, length of service, character of employment, availability of similar employment). However, employers and employees can contract out of the common law by mutually agreeing on the amount of notice an employee will receive upon termination of th...