Sentences with phrase «employee of breach of contract»

The complaint accused the former employee of breach of contract, which set off alternating counter suits that ranged from failure to meet fiduciary responsibilities to libel to fraud.

Not exact matches

Small businesses are sued for a wide variety of reasons, from breach of contract to product defects to employee relations to noncompliance with federal regulations (such as the Americans with Disabilities Act).

Examples of these risks, uncertainties and other factors include, but are not limited to the impact of: adverse general economic and related factors, such as fluctuating or increasing levels of unemployment, underemployment and the volatility of fuel prices, declines in the securities and real estate markets, and perceptions of these conditions that decrease the level of disposable income of consumers or consumer confidence; adverse events impacting the security of travel, such as terrorist acts, armed conflict and threats thereof, acts of piracy, and other international events; the risks and increased costs associated with operating internationally; our expansion into and investments in new markets; breaches in data security or other disturbances to our information technology and other networks; the spread of epidemics and viral outbreaks; adverse incidents involving cruise ships; changes in fuel prices and / or other cruise operating costs; any impairment of our tradenames or goodwill; our hedging strategies; our inability to obtain adequate insurance coverage; our substantial indebtedness, including the ability to raise additional capital to fund our operations, and to generate the necessary amount of cash to service our existing debt; restrictions in the agreements governing our indebtedness that limit our flexibility in operating our business; the significant portion of our assets pledged as collateral under our existing debt agreements and the ability of our creditors to accelerate the repayment of our indebtedness; volatility and disruptions in the global credit and financial markets, which may adversely affect our ability to borrow and could increase our counterparty credit risks, including those under our credit facilities, derivatives, contingent obligations, insurance contracts and new ship progress payment guarantees; fluctuations in foreign currency exchange rates; overcapacity in key markets or globally; our inability to recruit or retain qualified personnel or the loss of key personnel; future changes relating to how external distribution channels sell and market our cruises; our reliance on third parties to provide hotel management services to certain ships and certain other services; delays in our shipbuilding program and ship repairs, maintenance and refurbishments; future increases in the price of, or major changes or reduction in, commercial airline services; seasonal variations in passenger fare rates and occupancy levels at different times of the year; our ability to keep pace with developments in technology; amendments to our collective bargaining agreements for crew members and other employee relation issues; the continued availability of attractive port destinations; pending or threatened litigation, investigations and enforcement actions; changes involving the tax and environmental regulatory regimes in which we operate; and other factors set forth under «Risk Factors» in our most recently filed Annual Report on Form 10 - K and subsequent filings by the Company with the Securities and Exchange Commission.

They are keeping the health care for employees and not dropping it because they are probably legally bound to continue to provide a benefit that was in place when they hired their employees (I don't know what the law is in Ohio) but breach of contract, etc. may play into it.

Probationary contract employees may be dismissed without cause or may resign without breach of contract.

You and Velocity Micro agree that any claim, dispute, or controversy, whether in contract, tort or otherwise, and whether pre-existing, present or future, and including statutory, common law, intentional tort and equitable claims («Dispute») against Velocity Micro, its employees, agents, successors, assigns or affiliates arising from, in connection with, or relating to this Agreement, its interpretation, or the breach, termination, or validity thereof, the relationships which result from this Agreement (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to this Agreement), Velocity Micro's advertising or any related purchase SHALL BE RESOLVED, EXCLUSIVELY AND FINALLY, BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION under its Code of Procedure then in effect.

(5) Please note, we can not accept any liability for any damage, loss, expense or other sum (s) of any nature or description (a) which on the basis of the information given to us by you concerning your booking prior to our accepting it, we could not have foreseen you would suffer or incur if we breached our contract with you or (b) which did not result from any breach of contract or other fault by ourselves or our employees or, where we are responsible for them, our suppliers.

Binding Arbitration: ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, COMMON LAW, INTENTIONAL TORT AND EQUITABLE CLAIMS) BETWEEN CLIENT AND Mulcoy Travel, its respective agents, employees, principals, successors, assigns, or affiliates arising from or relating to these terms and conditions, interpretation thereof, or the breach, termination or validity thereof, the relationships which result from the tour (including, to the full extent permitted by applicable law, relationships with third parties who are not parties to these terms and conditions), Mulcoy Travel's advertising, or any related purchase SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (AAA) under its Code of Procedure then in effect.

Update 3: Action - adventure Call of Duty next year, Activision establishes dedicated business unit for the franchise Update 2: Infinity Ward CEO no longer with the studio Update: «The Company is concluding an internal human resources inquiry into breaches of contract and insubordination by two senior employees at Infinity Ward,» Activision states in a recent SEC filing (cheers, G4).

This group, calling themselves the Infinity Ward Employee Group (IWEG), is suing Activision for breach of contract and failing to pay due bonuses amongst other things.

«The Company is concluding an internal human resources inquiry into breaches of contract and insubordination by two senior employees at Infinity Ward,» the filing read.

Even more interesting than that, however, is that Activision has filed an SEC suite against Infinity Ward, investigating «breaches of contract and insubordination by two senior employees at Infinity Ward.»

Activision notes in a filing with the SEC on the same day that it is «concluding an internal human resources inquiry into breaches of contract and insubordination by two senior employees at Infinity Ward.»

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...»

The employees brought successful actions against the bank for breach of their employment contracts.

First whether it was possible for a dismissal based on conduct to be fair if it was not in breach of the employee's contract.

If the employer dismisses the employee without giving the statutory (or contractual) minimum notice, the employer could be sued for breach of contract or «wrongful dismissal».

It's a concept grounded in contract law, i.e. for a claim to succeed, the employee must show that their employer's conduct was so bad (what's called a repudiatory breach of contract) that it destroyed the employment contract, thus entitling them to resign.

It is increasingly common (as happened in this case) for breach of the implied term of trust and confidence to be alleged by an employee in constructive dismissal cases (as such a term is fundamental and goes to the root of the contract).

If not, was it nevertheless a part of a course of conduct comprising several acts and omissions which, viewed cumulatively, amounted to a repudiatory breach of the employee's contract by showing that all trust and confidence had been destroyed?

With the rare experience of helping entertainment companies plan and orchestrate concerts and festivals across the U.S. and around the globe, John built the model for a practice group that caters to live music festivals and similar events, with a «soup to nuts» suite of legal services spanning complicated personal injury litigation, construction, bid protests, breach of contract, Dram Shop laws, employment, the Employee Retirement Income Security Act (ERISA), and more.

[16]... Damages for wrongful dismissal operate to compensate an employee for the employer's breach of the implied obligation in the employment contract to give reasonable notice of an intention to terminate the relationship in the absence of just cause.

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.

Defending technology company and its board of directors in multimillion dollar PA state court action brought by founder / consultant / shareholder alleging claims for breach of fiduciary duty, breach of contract, and rescission; prosecuting action in NJ federal court on behalf of executive terminated in breach of his employment agreement; defending companies and their majority owners in numerous state court actions throughout NY and NJ alleging breach of contract and fraud; defending company in connection with DOL investigation regarding misclassification of employees; defending health - tech entrepreneur in connection with DOL investigation regarding unemployment insurance fraud; counseling global company and its US subsidiary in connection with various employment law matters; and negotiating numerous separation agreements.

Whether a «conduct» dismissal could be fair if the conduct was not in breach of the employee's contract; and Whether the BHS v Burchell approach to conduct dismissals was correct.

Carbone was accused of soliciting information from Bachelor participants, cast, crew and other employees of the series and inducing them to breach contracts promising not to divulge nonpublic information.

The employees» class action claims against IQT and the other defendant alleged in the certification motion, include: wrongful dismissal, conspiracy, negligence, inducing breach of contract, and breach of fiduciary duty.

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.

The employee worked on under protest but claimed breach of contract.

While Johnson prohibited the implication of any term into a contract that required an employer to operate their disciplinary procedures fairly, that did not mean that an employee could not claim damages for breach of an express term.

High earning employees may finally be afforded a more adequate remedy where a breach of contract has resulted in their termination and a loss of professional standing.

If the employer breaches that duty and the employee suffers economic loss as a result, he can claim damages either for negligent misstatement or breach of contract.

In that case, Valcom Ltd. and two of its employees who defamed a consultant and then breached a contract with another company in order to force the removal of the consultant from a government contract were found liable for defamation, unlawful interference with economic relations, and inducing breach of contract, and ordered to pay $ 600,000 in damages.

There were injunctive proceedings in the High Court, Queen's Bench Division brought by the distributor based on claims of misuse of confidential information breaches of contract by its former employees (who had joined Vodafone).

The breach of contract did not alter a fundamental term of the employee's contract, rather, it was a «disagreement over the interpretation of the application of [his] contract».

Finally, the conclusion that the failure to pay the bonus in question did not constitute constructive dismissal, notwithstanding that non-payment was in breach of the [employee's] employment contract, was reasonably open to the trial judge after a proper analysis and application of the first branch of the [constructive dismissal] test.

TruGreen Companies, LLC v. Scotts Lawn Services, 508 F.Supp.2 d 937 --(Represented Scotts former employees) Former employer sued former employees for breach of contract and tortious interference with contractual and / or economic relations.

Therefore, by not including the sale of those lands in calculating the employee's bonus, the company had breached its contract.

Participated as lead counsel in the successful resolution of a breach of contract action against a former employee for misappropriation of confidential information

Claimant employers need to carry out a cost - benefit analysis when deciding whether to pursue former employees for soliciting their clients, because even if they can show breaches of contract, they must demonstrate that they suffered loss as a result of those breaches.

This may assist them if the previous employer sues for conspiracy or for inducement of employees to breach their contracts.

Actions for breach of contract can be against vendors, clients, employees, former employees, employers, real estate or business partners, or any other entity where a contract exists between a business and another person or entity or between participants in a business.

On a final note, the court ruled that the plaintiff's state law claims for, inter alia, breach of contract, unjust enrichment, and conversion also failed because those claims depended on an initial finding that the tip money used for other purposes was the property of the employees under the FLSA.

CONSIDER A CONTRACT Constructive dismissal is a claim by an employee that their terms of employment have been fundamentally breached.

In Pets at Home Ltd v MacKenzie, the EAT held that if a breach of contract has been affirmed by an employee, a further breach by the employer can not revive the earlier breach.

Claims for threatened breaches of confidence and fiduciary duty by a senior employee and an injunction to restrain a conflict of interest in a US$ 15 million contract.

Most employers» disciplinary procedures are not contractual, and therefore a failure to follow them does not, generally speaking, constitute a breach of contract (unless the employee can show that the failure was a breach of the implied duty of trust and confidence owed by the employer).

Our firm successfully guides clients through these complex employment matters, and we also defend clients against claims asserted by third parties (regarding negligent hiring, supervision and retention, etc.) and employees (discrimination, harassment and breach of contract, etc.).

In this case, the employer will be in breach of contract if it fails to follow the procedure and the employee may claim damages accordingly.