Sentences with phrase «termination clause valid»

Continue Reading The Pendulum Swings Back: The Court of Appeal Rules Termination Clause Valid Despite Silence on Benefits Continuation

The Pendulum Swings Back: The Court of Appeal Rules Termination Clause Valid Despite Silence on Benefits Continuation

Not exact matches

When an employee is fired, without cause, the answer to how much severance pay is owed can be very simple if there is a valid and enforceable termination clause in an employment contract.

The Court had no difficulty applying prior case law to rule that where a fixed term contract is terminated early with no valid early termination clause, the employer is potentially liable for compensation over the balance of the term — no matter how long.

This is also independent of what might very well be a valid termination clause.

As such, for contracts with renewal clauses, carefully drafted «future - proof» termination clauses that would continue to be valid pursuant to the ESA no matter how many times the fixed - term contract is renewed are an absolute necessity.

The termination clauses in the employment contracts at issue in these cases appeared, on their face, to be valid and enforceable in light of the prevailing legal principles and existing case law.

In this case, the defendant employer could have avoided this outcome by inserting a valid termination clause into the plaintiff's employment contract, prior to acceptance, that specified either a fixed notice period or a notice period that was readily calculable.