Whether your share incentives or awards are subject to clawback or forfeiture after your termination will depend on the terms of your employment contract.  However, it is possible to challenge a forfeiture or clawback as a prohibited anti-competitive behaviour (similar to a non-compete).  In addition, your employer cannot deduct from your wages or termination payout any clawback or forfeited amounts.  As such, it is essential to seek professional assistance in determining whether your employer is justified in forfeiting your incentive payment or award and whether you are actually obliged to repay any incentives you have previously received.

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