Sentences with phrase «employees upon termination»

Employers sometimes ask me — what is the maximum amount of notice we need to give long - standing employees upon termination?

Severance pay is money that is provided to an employee upon termination.

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

Upon termination, employees are required to return employer - furnished uniforms and equipment.

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.

Actual results may vary materially from those expressed or implied by forward - looking statements based on a number of factors, including, without limitation: (1) risks related to the consummation of the Merger, including the risks that (a) the Merger may not be consummated within the anticipated time period, or at all, (b) the parties may fail to obtain shareholder approval of the Merger Agreement, (c) the parties may fail to secure the termination or expiration of any waiting period applicable under the HSR Act, (d) other conditions to the consummation of the Merger under the Merger Agreement may not be satisfied, (e) all or part of Arby's financing may not become available, and (f) the significant limitations on remedies contained in the Merger Agreement may limit or entirely prevent BWW from specifically enforcing Arby's obligations under the Merger Agreement or recovering damages for any breach by Arby's; (2) the effects that any termination of the Merger Agreement may have on BWW or its business, including the risks that (a) BWW's stock price may decline significantly if the Merger is not completed, (b) the Merger Agreement may be terminated in circumstances requiring BWW to pay Arby's a termination fee of $ 74 million, or (c) the circumstances of the termination, including the possible imposition of a 12 - month tail period during which the termination fee could be payable upon certain subsequent transactions, may have a chilling effect on alternatives to the Merger; (3) the effects that the announcement or pendency of the Merger may have on BWW and its business, including the risks that as a result (a) BWW's business, operating results or stock price may suffer, (b) BWW's current plans and operations may be disrupted, (c) BWW's ability to retain or recruit key employees may be adversely affected, (d) BWW's business relationships (including, customers, franchisees and suppliers) may be adversely affected, or (e) BWW's management's or employees» attention may be diverted from other important matters; (4) the effect of limitations that the Merger Agreement places on BWW's ability to operate its business, return capital to shareholders or engage in alternative transactions; (5) the nature, cost and outcome of pending and future litigation and other legal proceedings, including any such proceedings related to the Merger and instituted against BWW and others; (6) the risk that the Merger and related transactions may involve unexpected costs, liabilities or delays; (7) other economic, business, competitive, legal, regulatory, and / or tax factors; and (8) other factors described under the heading «Risk Factors» in Part I, Item 1A of BWW's Annual Report on Form 10 - K for the fiscal year ended December 25, 2016, as updated or supplemented by subsequent reports that BWW has filed or files with the SEC.

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 language of the contractual termination clause violated the statute because it set out an exhaustive summary of what the plaintiff was to receive upon termination — «drawing the circle» around the employee's termination entitlements — but failing to provide for benefits continuation during the statutory notice period.

In particular, the wording describing the employee's entitlements upon termination must not allow for alternate interpretations since such ambiguities will likely be resolved in the employee's favour or render the clause void.

A severance agreement, also known as a separation agreement, is a contract between an employer and an employee establishing the terms on which the employee will leave upon termination.

The post How Much Notice Are Long - Standing Employees Entitled To Upon Termination?

Does Oudin stand for the proposition that judges no longer require precise and exhaustive technical language in employment contracts in order to oust an employee's common law rights upon termination?

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.

The decision is a clear pronouncement that termination clauses that contravene the ESA will be unenforceable regardless of whether the employee receives at least their minimum ESA entitlements upon termination.

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.

Thus, where an agreement provides for a stipulated sum upon termination without cause and is silent as to the obligation to mitigate, the employee will not be required to mitigate.

Seven months after the termination, the employee launched a lawsuit, alleging that the employer discriminated against him based upon his disability.

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.

An employer ordered by the Ontario Small Claims Court to pay severance despite having provided their former employee a total of sixty - two (62) weeks working notice and ex gratia payment upon termination.

An employer may limit the damages it is required to pay a dismissed employee upon dismissal by inserting language into the employment contract that limits the employee's entitlement to damages upon termination.

The issue regarding what type of language is required to limit an employee's entitlement upon termination is significant in Canada because many employers compensate their employees by providing the employees with stock options and bonuses that often form a significant part of the employee's total compensation.

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 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.

Employees can actually contract out of ability to claim inducement if there is a valid contract stating the amount of notice 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 expenses.

If a contract clearly permits termination upon payment of only statutory requirements, there is no right to severance, no matter how long or meritorious the employee's tenure.

It is illegal to provide an employee with less notice and severance than that required by the ESA, even if the parties have agreed that the employee will a lesser amount upon termination.

The termination clause may also only provide the employee with specific types of compensation upon termination.

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.

The presumption of reasonable notice will be rebutted if there is clear and unambiguous evidence that the employee and employer agreed to another manner of determining the dismissed employee's entitlements upon termination.

Employers who desire to require former employees to mitigate their damages and thereby potentially reduce the amount to which employees are entitled upon dismissal must ensure that the employment agreement expressly states that the termination entitlement is subject to the duty to mitigate.

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 «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.

Applying these, the court held that on these facts there was a clear and unambiguous (albeit mistaken) notice of termination which the employee was entitled to take at face value and act upon.

Employment contracts often contain clauses limiting an employee's entitlement upon termination to the minimum entitlements under the Employment Standards Act or any other amount the employer and employee have agreed to.

In any of these employment scenarios employees are more than likely offered a raw deal at the outset of their employment and upon termination.

A typical collateral assignment would be for the employer to recover the loans made upon the employee's death or at the termination of the agreement.

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.

Judge Karasic also represented City agencies in various employment matters involving labor negotiations, employee terminations, and discrimination claims based upon age, gender, religion and race.