OFFER LETTER [SHORT FORM]
This template is a short-form offer letter for a new, indefinite-term hire in Ontario. It is employer-side: drafted to be offered by the Employer, and it is a binding employment agreement once signed — not a preliminary or courtesy document. "Short form" describes the length of the surrounding boilerplate, not the termination clause: section 7 carries the same termination architecture as the full employment-full-time-indefinite template, in full, because this letter is frequently the ONLY signed document governing the relationship. If the role is fixed-term rather than indefinite, use employment-fixed-term instead — do not adapt this letter to a fixed term by adding an end date without also rebuilding section 7 to address early termination. Not suitable for use in Quebec.
Drafting notes appear in italics and are to be deleted before execution. Square brackets mark information to be filled in. Delete any inapplicable optional clauses and renumber before execution.
⚠️ A short offer letter is still a complete contract. Do not shorten section 7 to make this document read more casually. An offer letter with no termination clause, or an incomplete one, simply leaves the Employee entitled to full common-law reasonable notice on termination — the ESA-floor language in section 7 is doing exactly the same protective work here that it does in the longer templates, and the same enforceability risk applies to it.
⚠️ This area of law is enforceability-volatile. Ontario courts read a termination clause as a single scheme. If any one provision anywhere in that scheme falls below the minimum standards set by the Employment Standards Act, 2000 (the "ESA"), courts have held that the entire termination clause is void, including the parts that comply on their own, and a severability clause does not rescue it (Waksdale v. Swegon North America Inc., 2020 ONCA 391, leave to appeal to the SCC denied). If the clause is void, the Employee is entitled to reasonable notice at common law instead, which can be substantially larger (Machtinger v. HOJ Industries Ltd., [1992] 3 S.C.R. 1086). Have section 7 checked again before each significant use.
⚠️ If a fuller agreement is meant to follow, say so — and follow through. Some employers use a short offer letter to get a new hire started, intending to have them sign a longer, more detailed employment agreement once they begin. If that is the plan here, section 8.2 flags it explicitly. Leaving this ambiguous — silently intending a fuller agreement that never gets signed — risks a dispute over which document, if any, actually governs the relationship, and can undermine the "entire agreement" protection this letter is meant to provide. If a fuller agreement is intended, get it signed promptly, and give the Employee something of value in exchange if its terms are less favourable than this letter's (see the consideration warning below).
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About this template
What is this template?
This document is a short-form employment contract for non-executive roles in Ontario. It includes a specific 'Waksdale-compliant' termination structure and a non-solicitation clause, but explicitly excludes non-compete restrictions to comply with the Working for Workers Act.
When should you use it?
Use this template when making an indefinite-term offer of employment to a candidate in Ontario. Use the 'employment-fixed-term' template instead if the role has a defined end date.
What's inside
| Clause | Name | What it does |
|---|---|---|
| 1 | Position, Start Date and Probation | Establishes a probationary period of a specified number of days where termination is subject to minimum ESA entitlements. |
| 5 | Confidentiality, Work Product and Return of Property | Assigns all work product and inventions created during employment to the Employer and requires the return of property upon termination. |
| 6 | Non-Solicitation | Prohibits the solicitation of employees or customers for a specified number of months following the end of employment. |
| 7 | Termination of Employment | Provides options for termination without cause restricted to the ESA minimum or an enhanced contractual notice period. |
| 7.3 | Termination by the Employer for Cause | Permits immediate termination for wilful misconduct, disobedience, or wilful neglect of duty as defined under ESA regulations. |
| 8.3 | Governing Law | Subjects the agreement to the laws of Ontario and the federal laws of Canada applicable therein. |
Who it's for
- an Ontario employer hiring a new employee on an indefinite basis
- an employer seeking to limit termination notice to ESA minimums
- a hiring situation requiring a short-form contract rather than a full-length agreement
How long it runs and how it's signed
Law it's drafted under
Canada note
This version is drafted for Canada. Provinces differ on employment standards and Quebec applies civil law rather than common law. Tell GitLaw which province applies and it adjusts the draft.
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