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.»
Not exact matches
Figures also show that in 2009, 1.8 million Canadians worked in some type
of temporary job,
which accounted for 12.5 per cent
of paid
employment, with
contract positions accounting for just over one - half
of temporary jobs and professionals making up a large proportion
of contract employees.
The NLRB ruling, involving the Teamsters Union and waste recycler Browning - Ferris Industries, has become a highly politicized flashpoint between those who would like to expand the
employment rights
of the three million
contract workers upon
which the economy increasingly depends, and business owners who object to the increasing regulation
of their affairs.
It has been reported that Harvey Weinstein had a
contract drawn up in
which the board
of his film company could not terminate his
employment if he paid off women accusing him
of sexual harassment with his own money.
To get the job, the probable new superintendent needs a variety
of approvals from Albany and an
employment contract which will set all
of the terms and conditions
of the new job.
Review
employment policies, agreements and
contracts and provide clear guidance as to
which benefits are intended for each category
of employees;
Ed Miliband will today promise new rights for workers to stop the «worst abuses»
of zero - hours
contracts -
employment contracts which do not guarantee the provision
of work.
«I think that the
contract of employment is a standard one
which is supplied by Ipsa (the Independent Parliamentary Standards Authority), but essentially by the House.
«Early academic STEM careers are characterised by short term
contracts,
which are a barrier to job security and continuity
of employment rights.
Plus — let's get serious for a sec — when we start a job, most
of us will sign a
contract that includes the phrase «at - will
employment,»
which means that technically, your boss can fire you if she or he doesn't like your outfit choices.
The clause,
which can be added to actors»
contracts at their request, has been around since 2016 and was co-created by University
of Southern California communications professor Dr. Stacy Smith, civil rights and
employment practice attorney Kalpana Kotagal and producer and actor Fanshen Cox DiGiovanni.
The clause,
which can be added to actors»
contracts at their request, has actually been around since 2016 and was co-created by University
of Southern California communications professor Dr. Stacy Smith, civil rights and
employment practice attorney Kalpana Kotagal and producer and actor Fanshen Cox DiGiovanni.
Each member
of the instructional staff employed on a full - time basis is entitled to 4 days
of sick leave as
of the first day
of employment of each
contract year and shall thereafter earn 1 day
of sick leave for each month
of employment,
which shall be credited to the member at the end
of that month and
which may not be used before it is earned and credited to the member.
Instructional and noninstructional personnel who are hired or
contracted to fill positions that require direct contact with students in an alternative school that operates under
contract with a district school system must, upon
employment or engagement to provide services, undergo background screening as required under s. 1012.465 or s. 1012.56, whichever is applicable, by filing with the district school board for the school district to
which the alternative school is under
contract a complete set
of fingerprints taken by an authorized law enforcement agency or an employee
of the school or school district who is trained to take fingerprints.
Each other employee shall be credited with 4 days
of sick leave at the end
of the first month
of employment of each
contract year and shall thereafter be credited for 1 day
of sick leave for each month
of employment,
which shall be credited to the employee at the end
of the month and
which may not be used before it is earned and credited to the employee.
Every 5 years following
employment or entry into a
contract in a capacity described in subsection (1), each person who is so employed or under
contract with the school district must meet level 2 screening requirements as described in s. 1012.32, at
which time the school district shall request the Department
of Law Enforcement to forward the fingerprints to the Federal Bureau
of Investigation for the level 2 screening.
Instructional and noninstructional personnel who are hired or
contracted to fill positions in any charter school and members
of the governing board
of any charter school, in compliance with s. 1002.33 (12)(g), must, upon
employment, engagement
of services, or appointment, undergo background screening as required under s. 1012.465 or s. 1012.56, whichever is applicable, by filing with the district school board for the school district in
which the charter school is located a complete set
of fingerprints taken by an authorized law enforcement agency or an employee
of the school or school district who is trained to take fingerprints.
«Annual
contract» means an
employment contract for a period
of no longer than 1 school year
which the district school board may choose to award or not award without cause.
* We should fully define «highly qualified teacher» for Texas not just in regulatory terms, but in terms
of the qualities and performance that are expected,
which will necessitate a re-evaluation
of the strategic policy document, «Learner - Centered Schools for Texas: A Vision
of Texas Educators», adopted in 1997, as well as the transformation
of educator
employment terms from «
contract» to «at will», with enhanced compensation based on performance tied to student achievement.
In Baltimore, teachers are considering a
contract — supported by union leaders — that would replace the traditional system
of pay based mostly on length
of employment with a system in
which involvement in school improvement plays a big role.
Even the AFT and CEA have admitted that Governor Malloy's 2012 Corporate Education Reform Industry Initiative sought to eliminate tenure for all public school teachers in Connecticut and replace it with a system
of short - term
contracts in
which continued
employment as a teacher would depend, in part, on the test scores teachers» students got on the unfair and inappropriate Common Core Standardized Tests.
(e) The board shall establish the information needed in an application for the approval
of a charter school; provided that the application shall include, but not be limited to, a description
of: (i) the mission, purpose, innovation and specialized focus
of the proposed charter school; (ii) the innovative methods to be used in the charter school and how they differ from the district or districts from
which the charter school is expected to enroll students; (iii) the organization
of the school by ages
of students or grades to be taught, an estimate
of the total enrollment
of the school and the district or districts from
which the school will enroll students; (iv) the method for admission to the charter school; (v) the educational program, instructional methodology and services to be offered to students, including research on how the proposed program may improve the academic performance
of the subgroups listed in the recruitment and retention plan; (vi) the school's capacity to address the particular needs
of limited English - proficient students, if applicable, to learn English and learn content matter, including the
employment of staff that meets the criteria established by the department; (vii) how the school shall involve parents as partners in the education
of their children; (viii) the school governance and bylaws; (ix) a proposed arrangement or
contract with an organization that shall manage or operate the school, including any proposed or agreed upon payments to such organization; (x) the financial plan for the operation
of the school; (xi) the provision
of school facilities and pupil transportation; (xii) the number and qualifications
of teachers and administrators to be employed; (xiii) procedures for evaluation and professional development for teachers and administrators; (xiv) a statement
of equal educational opportunity
which shall state that charter schools shall be open to all students, on a space available basis, and shall not discriminate on the basis
of race, color, national origin, creed, sex, gender identity, ethnicity, sexual orientation, mental or physical disability, age, ancestry, athletic performance, special need, proficiency in the English language or academic achievement; (xv) a student recruitment and retention plan, including deliberate, specific strategies the school will use to ensure the provision
of equal educational opportunity as stated in clause (xiv) and to attract, enroll and retain a student population that, when compared to students in similar grades in schools from
which the charter school is expected to enroll students, contains a comparable academic and demographic profile; and (xvi) plans for disseminating successes and innovations
of the charter school to other non-charter public schools.
To gain tenure, teachers must complete a specified period
of probationary
employment, usually three years, during
which they have no assurance they will receive additional annual
contracts.
(d) The Secretary is authorized to make
contracts or jointly financed cooperative arrangements with employers and organizations for the establishment
of projects designed to prepare handicapped individuals for gainful and suitable
employment in the competitive labor market under
which handicapped individuals are provided training and
employment in a realistic work setting and such other services (determined in accordance with regulations prescribed by the Secretary) as may be necessary for such individuals to continue to engage in such
employment.
Figures also show that in 2009, 1.8 million Canadians worked in some type
of temporary job,
which accounted for 12.5 per cent
of paid
employment, with
contract positions accounting for just over one - half
of temporary jobs and professionals making up a large proportion
of contract employees.
Just this week we also heard that the potential conservative government in the UK would implement many new
employment law strategies, but not in regard to the elimination
of zero hour
contracts, unlike the Labour party,
which has promised a ban on zero hour
contracts and unpaid internships.
The holiday allowance that UK - based workers enjoy at the moment is as a result
of the EU Working Time Directive,
which sets out exactly how many days
of holiday someone is entitled to based on their
contract of employment.
The military interpreters and their families may have a
contract with the U.S. government as part
of their
employment that gives them a right to a visa, in
which case the EO would be a law impairing
contracts in violation
of the U.S. Constitution, as applied to them.
One
of the key elements
of contract negotiation, in particular in football, is time pressure: due to the so - called «registration periods» (transfer windows), there are very strict time - limits within
which negotiations have to be successfully concluded, in particular in what concerns transfer agreements between football clubs and
employment contracts of football players.
In recent years, former Trial Attorney David C. Larkin has compiled an enviable record
of large - sum awards and settlements,
which increases his efficiency and strengthens his advice to small business, his review
of potential claims,
contracts and disputes for small business and
employment clients:
To protect the business interests
of our health care clients, the firm's attorneys regularly draft, review, revise, and negotiate vendor
contracts,
employment agreements, non-competition agreements, leases and other documents
which govern the essential relationships
of health care clients.
Where there is a valid
employment contract,
which provides for notice equal to or in excess
of the ESA minimums, then an employee's entitlements are those set out in the
employment contract.
And our
employment team has extensive experience in acting for business owners right from inception and has developed a pack
of basic, starter documents for new ventures
which provide a starting point for
employment contracts, directors» service
contracts and staff handbooks.
Instead it suggests that the current Delphic statutory definition
of «who is an employee» (namely someone who works under a
contract of employment) should be replaced by a more detailed statutory definition reflecting the criteria
which has been developed by case law such as the requirement for «mutual obligation» and «control».
Practitioners are familiar with the concept
of constructive dismissal: the employer commits a repudiatory breach
of the
employment contract, in response to
which the employee resigns.
Whatever the reason for the surgery, if an employee is, or is deemed to be, «incapable by reason
of some specific disease or bodily or mental disablement
of doing work
which he can reasonably be expected to do» under his / her
contract of employment, he / she will be entitled to statutory sick pay (SSP), provided the conditions for payment are met.
«(i) that in matters
of personal conduct he would be subject to the hospital's general procedures and that in matters
of professional conduct he would be subject to a procedure agreed by the Local Negotiating Committee in respect
of medical practitioners; (ii) that he was accused by the Trust
of personal and professional misconduct; (iii) that because
of the nature
of the allegations made against him he was contractually entitled to a formal disciplinary hearing by a panel
which included a clinician
of the same discipline as himself and a legally qualified chairman, before
which he would have the benefit
of legal representation, if he so wished; (iv) that the disciplinary hearing
which resulted in the findings
of misconduct was not conducted in accordance with the terms
of his
contract of employment because the panel did not include a clinician
of the same discipline as himself, nor a legally qualified chairman and because his request to be allowed legal representation was refused; (iv) that following the panel's findings he was dismissed for personal and professional misconduct; (v) that if the proceedings had been carried out in accordance with his
contract of employment the panel would not have found that he was guilty
of personal and professional misconduct and he would not have been dismissed; (vii) that because he was dismissed on the grounds
of personal and professional misconduct (including dishonesty) he has been unable to find comparable alternative
employment» [at para 10]:
The trust, however, argued that the most he was entitled to recover was loss
of earnings for the three months» period
of notice to
which he was entitled under his
contract of employment.
To assist with mitigating the risks
of a claim, schools should ensure that they have comprehensive
contracts of employment and transparent policies and procedures
which are followed in a fair and consistent manner.
When purchasing business assets, if the purchasing business chooses to offer the vendor's employees
employment, the purchaser may offer
employment to those employees on terms
which may differ from the employees» previous
contracts of employment, and the offers
of employment themselves may constitute sufficient consideration for legal purposes.
In 2007, the parties entered into an indefinite term
employment contract under
which the plaintiff's base salary increased to $ 50,000 and commission increased significantly to between 50 and 65 percent
of the value
of sales over certain established amounts.
This decision confirms the importance
of well - drafted
employment contracts and the value
of severance clauses
which allow for any terms later rendered illegal to be excised without impacting the enforceability
of the entire agreement.
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.
Some time ago she was told that she would have to sign a
contract simply to «confirm her
employment,»
which is unnecessary,
of course, but was said to her in an effort to encourage her to just sign it.
A non-compete agreement is a form
of a restrictive covenant,
which is a clause in an
employment contract setting out the rights and obligations
of an employee post departure.
The judge admitted that the relationship between the priest and the defendants was not like a regular
employment contract, but in this case, he opted to look at certain special factors, including the nature and closeness
of the relationship between the priest and the defendant, and the connection between the tortious act and the purpose
of the relationship /
employment / appointment,
which was based on the factors outlined below.
My take is that he was recommending that young, unemployed workers gain experience via unpaid internships,
which is arguably an end run around
employment standards laws that prohibit
contracting out
of the minimum wage.
The trial judge, and later the New Brunswick Court
of Appeal, erred by failing to apply the first test for constructive dismissal,
which is whether the employer's action constitutes a breach
of the
employment contract, Wagner wrote.
Our lawyers spend a significant amount
of time in labor and
employment litigation, which includes the defense of employment discrimination and wrongful discharge cases in federal and state courts, arbitration proceedings, the defense of individual employment contract actions, and proceedings before various state and federal administrative agencies, including the National Labor Relations Board, United States, New Jersey, and Pennsylvania Departments of Labor, Equal Employment Opportunity Commission, New Jersey Division on Civil Rights, the Pennsylvania Human Relations Commission,
employment litigation,
which includes the defense
of employment discrimination and wrongful discharge cases in federal and state courts, arbitration proceedings, the defense of individual employment contract actions, and proceedings before various state and federal administrative agencies, including the National Labor Relations Board, United States, New Jersey, and Pennsylvania Departments of Labor, Equal Employment Opportunity Commission, New Jersey Division on Civil Rights, the Pennsylvania Human Relations Commission,
employment discrimination and wrongful discharge cases in federal and state courts, arbitration proceedings, the defense
of individual
employment contract actions, and proceedings before various state and federal administrative agencies, including the National Labor Relations Board, United States, New Jersey, and Pennsylvania Departments of Labor, Equal Employment Opportunity Commission, New Jersey Division on Civil Rights, the Pennsylvania Human Relations Commission,
employment contract actions, and proceedings before various state and federal administrative agencies, including the National Labor Relations Board, United States, New Jersey, and Pennsylvania Departments
of Labor, Equal
Employment Opportunity Commission, New Jersey Division on Civil Rights, the Pennsylvania Human Relations Commission,
Employment Opportunity Commission, New Jersey Division on Civil Rights, the Pennsylvania Human Relations Commission, and OSHA.
The
employment contract contained an «early out» clause, which stated that «employment may be terminated at any time by the Employer and any amounts paid to the Employee shall be in accordance with the Employment Standards Act of Ontar
employment contract contained an «early out» clause,
which stated that «
employment may be terminated at any time by the Employer and any amounts paid to the Employee shall be in accordance with the Employment Standards Act of Ontar
employment may be terminated at any time by the Employer and any amounts paid to the Employee shall be in accordance with the
Employment Standards Act of Ontar
Employment Standards Act
of Ontario.»