Sentences with phrase «as breach of an employment contract»

Not exact matches

«Commentary on litigation in the Windy City on topics such as business litigation, breach of contracts, fraud, building defects, real estate disputes, nursing home abuse, medical malpractice, auto accidents, truck crashes, dog bites, employment discrimination and class actions.»

She was later sent a letter from the club management reading: «Your actions can be considered to be theft in circumstances where you do not have permission to take Club food from the premises, and therefore a breach of your contract of employment... The gravity of your misconduct is such that the club believes the trust and confidence placed in you as its employee has been completely undermined...»

As in the instant case, the plaintiff there alleged that the individual defendant obtained certain trade secrets during his employment with plaintiff, then in breach of a confidentiality agreement that was part of his employment contract, misappropriated that information when he went to work for the defendant JPS.

Business litigation includes several types of business - related claims, such as breach of contract, partner disputes, shareholder disputes, IP enforcement, employment claims, derivative actions, and more.

However, where an employer prematurely claims frustration of the employment contract and terminates the employment relationship on that basis, the employee will be found to have been wrongfully dismissed, and will be entitled to common law reasonable notice as well as damages for a breach of the Code.

She has litigated cases involving Title VII of the Civil Rights Act, the Age Discrimination in Employment Act, the Americans with Disabilities Act, the Employee Retirement Income Security Act, the Fair Labor Standards Act, the National Labor Relations Act, the Family and Medical Leave Act, various state discrimination statutes, and common law and tort claims, such as retaliatory discharge, defamation, and breach of contract claims.

As part of her practice in employment and labor, civil rights, and directors and officers (D&O) liability, Tina has successfully represented many clients in claims brought under federal, state, and local laws governing fair - employment practices, including Title VII, the Americans with Disabilities Act (ADA), Age Discrimination in Employment Act (ADEA), Family and Medical Leave Act (FMLA), employment discrimination, sexual harassment, wrongful discharge, breach of contract, negligent hiring, and demployment and labor, civil rights, and directors and officers (D&O) liability, Tina has successfully represented many clients in claims brought under federal, state, and local laws governing fair - employment practices, including Title VII, the Americans with Disabilities Act (ADA), Age Discrimination in Employment Act (ADEA), Family and Medical Leave Act (FMLA), employment discrimination, sexual harassment, wrongful discharge, breach of contract, negligent hiring, and demployment practices, including Title VII, the Americans with Disabilities Act (ADA), Age Discrimination in Employment Act (ADEA), Family and Medical Leave Act (FMLA), employment discrimination, sexual harassment, wrongful discharge, breach of contract, negligent hiring, and dEmployment Act (ADEA), Family and Medical Leave Act (FMLA), employment discrimination, sexual harassment, wrongful discharge, breach of contract, negligent hiring, and demployment discrimination, sexual harassment, wrongful discharge, breach of contract, negligent hiring, and defamation.

«As I understand counsel for the respondent in this Court, he was of the view that the company could not relocate its business to the financial detriment of the respondent without creating a fundamental breach of its contract of employment.

Thus, any violations of the FLSA by an employer could constitute breach of the employment contract which, as discussed supra, could prevent the enforcement of any restrictive covenants contained in the employment contract.

Employers should therefore consider including language in their employment contracts to reserve this power, as a constructive dismissal only occurs where an employer has undertaken a unilateral and unauthorized breach of the employment contract.

Where legitimate business reasons do not exist or where such reasons are not provided, the suspension will be seen as an unauthorized breach of the employment contract.

Served as trial or arbitration counsel in a variety of commercial matters, including a cases involving the voiding of a million - dollar note, a breach of contract case relating to a multi-million dollar insurance coverage dispute arising from a catastrophic loss, and a shareholder dispute centering on the interpretation of ten complex operating, management, business, and employment / non-compete agreements.

This occurs where the employer has materially breached the employee's contract of employment in such a way that the employee is entitled to resign and treat themselves as having been dismissed.

After affirming the trial judge's decision that Mr. Allen was actually terminated on October 14, 2009, the Court of Appeal for British Columbia cited with approval the decision of Bowes v. Goss Power Products Ltd., 2012 ONCA 425, (canvassed by this blog in the post Fix the Duty to Mitigate) in which the Court of Appeal for Ontario held that if an employment contract provides for a fixed severance package there is no duty on the employee to mitigate his damages, and held that as Mr. Allen's employment agreement did not impose a duty to mitigate, the trial judge properly found he was therefore entitled to the balance owing for 15 months» salary and benefits in lieu of notice as damages for breach of contract.

She advises clients both proactively and reactively on employment best practices, and also serves as defense counsel in cases involving harassment, discrimination, breach of contract, wage and hour, and unfair business practices.

Where an employer fails to do so, the suspension will be viewed as an unauthorized breach of the employment contract, amounting to «constructive dismissal» of the employee, who can then sue the former employer for compensation.

Other decisions, such as the Ontario Court of Appeal's decision in Shah v. Xerox Canada Ltd., 13 found that it was not necessary to find a fundamental term of the employment contract had been breached in order to find that a constructive dismissal had occurred.

As a litigator, Craig represents businesses and individuals in employment, commercial litigation, minority shareholder rights, breach of fiduciary duty, breach of contract, unpaid wages and commissions, trade secrets, non-competition, deceptive trade practices, sales representatives, and unfair competition matters.

As California Labor and Employment Attorneys, we specialize in all aspects of California and federal employment law issues and are dedicated to defending employees in class action lawsuits and protecting individual employees from breaches of contract in the Employment Attorneys, we specialize in all aspects of California and federal employment law issues and are dedicated to defending employees in class action lawsuits and protecting individual employees from breaches of contract in the employment law issues and are dedicated to defending employees in class action lawsuits and protecting individual employees from breaches of contract in the workplace.

Some of the most common are wrongful termination, discrimination, retaliation, violations of the Family Medical Leave Act, violations of the Fair Employment and Housing Act, Violations of the California Family Rights Act, privacy breaches (e.g. disclosure of a medical condition to someone who did not need to know), contract breaches, unfair bargaining and / or union and labor law disputes, unpaid wages, unpaid overtime, failure to pay minimum wage for all hours worked, failure to provide proper pay stubs, failure to pay for unused vacation days upon resignation or termination, failure to pay for all hours worked within 72 hours of quitting, failure to pay for all hours worked immediately upon leaving when the employee gives fair notice or resignation to the employer, failure to keep adequate records, failure to produce employment records upon request, failure to provide wage and pay information upon hiring, misclassification of an hourly employee as an exempt employee, misclassification of an hourly employee as an independent contractor, work place bullying, sexual harassment, disparate impact, disparate treatment, class actions for failure to pay wages and over time, class actions for failure to provide meal and rest breaks, and class actions for failure to reimburse employees forEmployment and Housing Act, Violations of the California Family Rights Act, privacy breaches (e.g. disclosure of a medical condition to someone who did not need to know), contract breaches, unfair bargaining and / or union and labor law disputes, unpaid wages, unpaid overtime, failure to pay minimum wage for all hours worked, failure to provide proper pay stubs, failure to pay for unused vacation days upon resignation or termination, failure to pay for all hours worked within 72 hours of quitting, failure to pay for all hours worked immediately upon leaving when the employee gives fair notice or resignation to the employer, failure to keep adequate records, failure to produce employment records upon request, failure to provide wage and pay information upon hiring, misclassification of an hourly employee as an exempt employee, misclassification of an hourly employee as an independent contractor, work place bullying, sexual harassment, disparate impact, disparate treatment, class actions for failure to pay wages and over time, class actions for failure to provide meal and rest breaks, and class actions for failure to reimburse employees foremployment records upon request, failure to provide wage and pay information upon hiring, misclassification of an hourly employee as an exempt employee, misclassification of an hourly employee as an independent contractor, work place bullying, sexual harassment, disparate impact, disparate treatment, class actions for failure to pay wages and over time, class actions for failure to provide meal and rest breaks, and class actions for failure to reimburse employees for expenses.

Since filing lawsuits does not deter enough unfair treatment, we also assist small businesses with employment law compliance, drafting fair employment agreements, and general business matters, such as breach of contracts and debt collection.

Justice Glithero found that the termination clause breached the ESA writing «[b] oth Machtinger at para. 26 and s. 5 (1) of the ESA make any provisions that attempt to contract out of minimum employment standards, by providing for lesser benefits than those legislated as minimums, «null and void»».

Rather, it is for common law contract damages as compensation for the [benefits] the [employee] would have earned had the [employer] not breached the contract of employment.

For a long time, Canadian courts did not recognize damages for mental anguish, as it was not something that could be claimed under breach of contract, especially if due notice was given in employment cases.

[30] Misconduct «going to the core of the employment relationship» includes, as the Court explains at para. 48, behaviour that «violates an essential condition of the employment contract, breaches the faith inherent to the work relationship, or is fundamentally or directly inconsistent with the employee's obligations to his or her employer.»

This formulation represents the traditional version of the tort which imposes liability upon a defendant for inducing breach by a plaintiff's promisor, such as when a defendant intentionally and without justification induces a plaintiff's employee to breach an employment contract and come to work for that defendant.

Thus, a temporary layoff could be found by a court to go to the root of the employment relationship, entitling the employee to treat the employment contract as breached by the employer.

... the only way to return the employer to its original position was to deprive the employee of his bonus from the date of the breach onward, on the basis that «had [the employer] been aware that [the employee] was secretly diverting the company's assets and resources from September 3, 2007, [the employer] would most assuredly have terminated [the employee]'s employment contract as it did immediately upon discovering [the employee]'s dishonest activities.

You warrant as a strict condition of this agreement that as at the date hereof... (b) there are no circumstances of which you are aware or of which you ought reasonably to be aware which would constitute a repudiatory breach on your part of your contract of employment which would entitle or have entitled the company to terminate your employment without notice.»

• «Once it has been objectively established that a breach has occurred, the court must turn to the second step of the analysis and ask whether, «at the time the (breach occurred), a reasonable person in the same situation as the employee would have felt that the essential terms of the employment contract were being substantially changed» (Farber, at para. 26).

Act as proxy for clients and protected their interests in civil matters involving employment disputes, breach of contract cases and business matters.

Soviero v. Carroll Group International, Inc. (27 A.D. 3d 276)- salesperson asserted causes of action for breach of an oral employment agreement, for wages, statutory liquidated damages and statutory attorney's fees under the Labor Law, for conversion and conspiracy to commit conversion by the broker and punitive damages for intentional tort; order dismissing all causes of action except the breach of contract claim affirmed; salesperson was fired by the firm and was no longer an «employee» or a «commissioned salesman» of the brokerage firm after her termination, such as would entitle her to wages or a commission; conversion cause of action fails as salesperson must have exercised ownership, possession or control of the property in the first place which she never had such ownership; no viable claim for punitive damages which are not recoverable for ordinary breach of contract