Even when companies do have
employment agreements in place, they often fall victim to the following top 5 myths:
Without a written
employment agreement in place, parties may rely on implied contractual terms.
«In order to avoid wrongful dismissal claims, it is key to have
an employment agreement in place that makes the employee's entitlements clear.»
Not exact matches
Make sure you keep your non-compete
agreement, and all of your other
employment paperwork,
in a
place where you can find it.
«The vesting of each executive's awards will accelerate upon termination of his
employment for any reason (including a resignation for good reason) other than cause, death or disability (as such terms are defined
in such executive's
employment agreement) if such termination takes
place upon or within two years following a change
in control (as defined
in such executive's
employment agreement) that occurs during the term of his
employment agreement and such executive signs a general waiver and release that has become effective.»
The MBA may be between a rock and a hard
place on the question of disclosure, given that Wellington's lawyer said
in a public statement that her
employment agreement bound the MBA to protect her confidentiality.
At - will
employment means that if there is no formal
agreement in place, generally either the employer or employee can end that relationship at any time for any -LSB-...]
To help our clients prevent as much as possible later disagreements that may degenerate
in business impacting issues, we assist on individual matters that arise at various stages of
employment, including customized assistance for executive
employment agreements, staff training, workplace policies, executing, amending, suspending, and terminating
employment contracts, discrimination and harassment claims at the work
place, disciplinary proceedings.
CEOs typically have a multitude of contractual arrangements
in place, such as executive
employment agreements, change of control, bonus and pension arrangements, stock options, and noncompetition
agreements.
Other factors that can impact your severance entitlement are whether you have a written
employment agreement, and whether your employer induced you to join their business
in the first
place.
In addition, the Court found that where there is a written bonus plan in place, it will likely be necessary to consider its eligibility criteria, whether these criteria were brought to the attention of the employee, and whether the bonus plan forms part of the employment agreemen
In addition, the Court found that where there is a written bonus plan
in place, it will likely be necessary to consider its eligibility criteria, whether these criteria were brought to the attention of the employee, and whether the bonus plan forms part of the employment agreemen
in place, it will likely be necessary to consider its eligibility criteria, whether these criteria were brought to the attention of the employee, and whether the bonus plan forms part of the
employment agreement.
While it is certainly feasible and normal to engage
in discussion regarding key terms of
employment with a candidate, there should be no
agreement and no assumption that the individual will commence working for the company until she signs the form of contract that you want to have
in place.
Additionally, whether an
agreement is
in place or not, resources may indirectly be going into the communities involved and may still provide opportunities for Indigenous
employment in other areas outside of the mine.
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