The legal obligation to make employee whole during the notice period can be modified if the employee's employment contract provides for another period of notice will be provided to
the employee upon termination of employment.
Not exact matches
The option expires at the end
of the Offering Period,
upon termination of employment, or if the
employee becomes ineligible, whichever is earlier, but is exercised at the end
of each Offering Period to the extent
of the contributions accumulated during such Offering Period.
I / we agree that if any material change (s) occur (s) in my / our financial condition that I / we will immediately notify BSHFC
of said change (s) and unless Baby Safe Homes Franchise Corporation is so notified it may continue to rely
upon the application and financial statement and the representations made herein as a true and accurate statement
of my / our financial condition.nI / we authorize Baby Safe Homes Franchise Corporation to make whatever credit inquiries / background checks it deems necessary in connection with this application and financial statement.nI / we authorize and instruct any person or consumer reporting agency to furnish to BSHFC any information that it may have to obtain in response to such credit inquiries.nIn consideration
of the ongoing association between Baby Safe Homes and the undersigned applicant (hereinafter u201cApplicantu201d), the parties hereto have entered into this Non-Disclosure and Non-Competition Agreement.nWHEREAS, in the course
of its business operations, Baby Safe Homes provides its customers products and services which, by nature
of the business, include trade secrets, confidential and proprietary information, and other matters deemed material or important enough to warrant protection; and WHEREAS, Applicant, by reason
of his / her interest in Baby Safe Homes and in the course
of his / her duties, has access to said secrets and confidential information; and WHEREAS, Baby Safe Homes has trade secrets and other confidential and proprietary information, including procedures, customer lists, and particular desires or needs
of such customers to which Applicant has access in the course
of his / her duties as an Applicant.nNow, therefore, in consideration
of the premises contained herein, the parties agree as follows Applicant shall not, either during the time
of his / her franchise evaluation with Baby Safe Homes or at any time thereafter either directly or indirectly, communicate, disclose, reveal, or otherwise use for his / her own benefit or the benefit
of any other person or entity, any trade secrets or other confidential or proprietary information obtained by
Employee by virtue
of his / her
employment with Baby Safe Homes, in any manner whatsoever, any such information
of any kind, nature, or description concerning any matters affecting or relating to the Baby Safe Homes business, or in the business
of any
of its customers or prospective customers, except as required in the course
of his / her
employment by Baby Safe Homes or except as expressly authorized Baby Safe Homes Franchise Corporation, in writing.nDuring any period
of evaluation with Baby Safe Homes, and for two (2) years thereafter, Applicant shall not, directly or indirectly, induce or influence, divert or take away, or attempt to divert or take away and, during the stated period following
termination of employment, call
upon or solicit, or attempt to call
upon or solicit, any
of the customers or patrons Baby Safe Homes including, but not limited to, those
upon whom he / she was directly involved, or called
upon, or catered to, or with whom became acquainted while engaged in the franchise evaluation process
of a Baby Safe Homes franchise business.
A district school board may establish policies to provide for a lump - sum payment for accrued vacation leave to an
employee of the district school board
upon termination of employment or
upon retirement, or to the
employee's beneficiary if service is terminated by death.
Upon termination of employment, the
employee's final compensation shall be adjusted in an amount necessary to ensure that sick leave with compensation does not exceed the days
of earned sick leave as provided herein.
Also, the loan becomes immediately due
upon termination of employment, even if the
termination was involuntary (i.e. the
employee was laid off or fired).
The best way for employers to protect against unanticipated notice liability related to
terminations of short service
employees is through the preparation and execution
of employment agreements which contemplate the amount
of notice that the
employee will receive
upon termination.
The Supreme Court has recently confirmed in Newcastle
upon Tyne Hospitals NHS Foundation Trust v Haywood that in the absence
of any express provision in an
employment contract, written notice
of termination from an employer does not take effect until the
employee has read it, or had a reasonable opportunity
of doing so...
Given the Courts decision in Keenan v Canac, it is more important than ever for both
employees and employers to seek
employment law advice not only
upon termination but also at the initiation
of an
employment relationship.
In June 2002, the employer sent the
employee a new contract that reduced the
employee's entitlement
upon termination from two years» pay to three weeks» notice or pay in lieu
of notice for each year
of employment, to a maximum
of thirty weeks.2 The
employee refused to sign the new
employment contract.
In order to provide a greater level
of certainty, federal employers should consider including language in their written
employment agreements that limits the amount
of notice and severance the
employee is entitled to
upon termination of employment, but ensuring that this language provides for at least the minimum amounts required by the Code.
We also include a short review
of a recent decision
of the Ontario Court
of Appeal that underscores the importance
of having properly drafted
employment contracts if you are trying to limit your obligations upon termination to an employee's Employment Standards Act, 2000 minimum ent
employment contracts if you are trying to limit your obligations
upon termination to an
employee's
Employment Standards Act, 2000 minimum ent
Employment Standards Act, 2000 minimum entitlements.
This case therefore exemplifies the importance
of implementing clear, enforceable written
employment agreements containing important clauses that set out the respective rights and obligations
of the employer and
employee, such as clauses pertaining to probationary periods and entitlements
upon termination.
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 for
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 for
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 for expenses.
The Supreme Court
of Canada held in Machtinger v. HOJ Industries Ltd. 2 that if an
employment contract contains a
termination clause that provides an
employee with an entitlement
upon termination other than reasonable notice, that entitlement must be at least equal to the
employee's minimum notice and severance entitlements as set out in the ESA.
The Supreme Court
of Canada held in Machtinger v. HOJ Industries Ltd5 that if an
employment contract contains a
termination clause that provides an
employee with an entitlement
upon termination other than reasonable notice, that entitlement must be at least equal to the
employee's entitlement pursuant to the ESA.
With respect to entitlement on
termination of employment, the
employment contract provided as follows for a without - cause
termination: Regular
employees may be terminated at any time without cause
upon being given the minimum period
of notice prescribed by applicable legislation, or by being paid salary in lieu
of such notice
of as may otherwise be required by applicable legislation.
Each
of the five
employment contracts contained a contractual clause that intended to replace the Employee's right to common law notice upon termination, with the statutory minimums, under Ontario's employment standards legislation, the Employment Standards Act, 2000, S.O. 2000, c. 41 (the «ES
employment contracts contained a contractual clause that intended to replace the
Employee's right to common law notice
upon termination, with the statutory minimums, under Ontario's
employment standards legislation, the Employment Standards Act, 2000, S.O. 2000, c. 41 (the «ES
employment standards legislation, the
Employment Standards Act, 2000, S.O. 2000, c. 41 (the «ES
Employment Standards Act, 2000, S.O. 2000, c. 41 (the «ESA»).
A full contingent
of five judges sitting at the Ontario Court
of Appeal unanimously ruled that where an
employment agreement provides for a stipulated sum
upon termination without cause, and is silent as to the
employee's obligation to mitigate, the
employee will not be required to mitigate.
The fundamental issue for determination was whether his contract
of employment is to be viewed as a fixed term
employment contract with an objectively justifiable maximum term
of nine years or whether the contract was converted by virtue
of the Fixed - Term
Employees (Prevention
of less Favourable Treatment) Regulations 2002 (SI 2002/2034)(The 2002 Regulations) into a permanent contract thereby entitling him to continue working or
upon termination obtain redress for unfair and wrongful dismissal.
When determining as to whether the
employee has a right to the bonus
upon termination, the wording
of the bonus policy or bonus provision in
employment contracts must be analyzed carefully.
In any
of these
employment scenarios
employees are more than likely offered a raw deal at the outset
of their
employment and
upon termination.
Also,
upon termination of employment, the
employee usually does not convert their term life coverage to a permanent life insurance policy, because the premiums are much higher.