In this video, Justin Winch speaks with human resource professionals about Employee Bonuses specifically bonuses as they need to be paid
following termination of an employee and other related employment law issues.
Not exact matches
Ms. Katz's agreement also contains obligations on her part regarding non-competition and non-solicitation
of employees following the
termination of her employment for any reason, confidential information and non-disparagement
of us and our business.
The
following benefits are not subject to the HP Severance Policy, either because they have been previously earned or accrued by the
employee or because they are consistent with Company Practices: (i) compensation and benefits earned, accrued, deferred or otherwise provided for employment services rendered on or prior to the date
of termination of employment pursuant to bonus, retirement, deferred compensation or other benefit plans, e.g., 401 (k) plan distributions, payments pursuant to retirement plans, distributions under deferred compensation plans or payments for accrued benefits such as unused vacation days, and any amounts earned with respect to such compensation and benefits in accordance with the terms
of the applicable plan; (ii) payments
of prorated portions
of bonuses or prorated long - term incentive payments that are consistent with Company Practices; (iii) acceleration
of the vesting
of stock options, stock appreciation rights, restricted stock, restricted stock units or long - term cash incentives that is consistent with Company Practices; (iv) payments or benefits required to be provided by law; and (v) benefits and perquisites provided in accordance with the terms
of any benefit plan, program or arrangement sponsored by HP or its affiliates that are consistent with Company Practices.
The
following benefits are not subject to the HP Severance Policy, either because they have been previously earned or accrued by the
employee or because they are consistent with Company Practices: (i) compensation and benefits earned, accrued, deferred or otherwise provided for employment services rendered on or prior to the date
of termination of employment pursuant to bonus, retirement, deferred compensation or other benefit plans, e.g., 401 (k) plan distributions, payments pursuant to retirement plans, distributions under deferred compensation plans or payments for accrued benefits such as unused vacation days, and any amounts earned with respect to such compensation and benefits in accordance with the terms
of the applicable plan; (ii) payments
of prorated portions
of bonuses or prorated long - term incentive payments that are consistent with Company Practices; (iii) acceleration
of the vesting
of stock options, stock appreciation rights, restricted stock, restricted stock units or long - term cash incentives that is consistent with Company Practices; (iv) payments or benefits required to be provided by law; and
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.
VALHALLA (12/09/2010)(readMedia)-- CSEA, the union representing over 1,400 workers at Westchester Medical Center, today announced its success in preventing management from the Westchester County Health Care Corporation from
following through with retaliation against an
employee who successfully sued the hospital for illegal
termination of her job.
There is no pro rata division
of liability for
termination pay between vendor and purchaser; the purchaser is responsible for the whole
of the obligation if it employs the vendor's
employee following the sale.
The Court held that the revelation
of character cases can be roughly divided into three categories: i) where misconduct is extremely serious, sometimes bordering on criminal acts (e.g. theft or fraud), just cause for
termination will usually exist; ii) where conduct reveals deceit, misrepresentation or misleading
of employers, cause will likely be found; and iii) where there are errors in judgment or a failure to
follow rules, it can not automatically be said that the
employee was dishonest for the purposes
of justifying summary dismissal.
Under the common law, the sale
of a business results in the
termination of employment
of the
employees of the selling employer, even if they are employed by the purchaser
following the sale.
For employers with the motivation to diminish the amount
of severance paid, better yet, to a mediocre
employee, I offer the
following eight tips to ensure a valid and enforceable
termination provision.
Non-Compete: The
Employee shall not, either during his or her employment or for a period
of twelve (12) months
following the
termination of his or her employment for any reason including resignation, without the prior written consent
of the Company, carry on, or be engaged in, or be concerned with, or interested in, or employed by, any person engaged in or concerned with or interested in a business which is the same as, or substantially similar to, or in competition with, the Company's business at the time
of any such
termination within a radius
of seventy - five (75) kilometres from any Company or Affiliated Corporation office where the
Employee was employed during the last twelve (12) months
of his or her employment.
Guide Summary:
Termination of Employment As an employer, are you
following HR bests practices when it comes to
employee dismissals to prevent any legal challenges from occurring?
It has come to our attention that Human Resources and Skills Development Canada (HRSDC) has written to some former
employees who were in receipt
of employment insurance benefits
following their
termination from Canwest to advise that the $ 1,000.00 cash payment will be used to entirely or partly repay employment benefits received from EI.
All
of which is to say that the amount
of money to which a dismissed
employee may be entitled
following termination is complicated.
In Markoulakis v SNC - Lavalin Inc., the Ontario Superior Court
of Justice concluded after considering the Bardal factors that long - serving
employee Eftihios (Ed) Markoulakis was entitled to 27 months
of common law reasonable notice
following his
termination from a senior role at SNC - Lavalin.
To avoid paying out
termination packages to long service
employees the companies
followed a strategy
of deliberately creating a hostile working environment in the hope the
employees would quit.
Clauses in employment agreements that preclude an
employee from competing with the employer
following termination of employment will be struck down as an unlawful restraint on trade and contrary to public policy, unless they can be justified on the basis
of reasonableness.
Generally, it's best to include the
following information in the reports: • Name
of employee • Reason for the disciplinary action or
termination • Supporting evidence for the behavior and action, citing previous records if possible All emails and recordings as well as other documents that demonstrate the
employee's behavior or support reasons for
termination should also be saved.
The company's charter and bylaws, board committee charters, and
employee handbooks may also contain provisions with regard to procedures to be
followed in the event
of termination, such as who has the authority to negotiate terms, how to effect notification, and the amount
of say the CEO has in the process.
In a recent 2016 decision, the Supreme Court
of British Columbia ruled in favour
of the Plaintiff -
employee, awarding him pay in lieu
of reasonable notice
following a
termination.
At Zeilikman Law we are often confronted with the
following situation: an
employee has just been dismissed by their employer and as part
of their
termination they have been offered a severance package.
Obtained temporary restraining order for client in matter involving former
employee's retention
of sensitive, confidential patient health information
following termination of employment in a Dallas, Texas district court.
The potential pitfalls
of fixed - term contracts: In Howard v. Benson Group Inc. (The Benson Group Inc.)[2], the Ontario Court
of Appeal ordered an employer to pay a former
employee 37 months
of salary and benefits
following termination — after only 23 months
of employment.
In its recent decision in Ozorio v. Canadian Hearing Society, the Ontario Superior Court
of Justice awarded 24 months» notice to a 60 - year - old
employee following her
termination.
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.
These provisions will usually say something like this: «For the term
of this agreement and for a period
of XX month
following the
termination of this agreement, however arising, the
employee agrees not to work for any competing business.»
Marlene also has experience
of successfully representing
employees who face injunctive proceedings
following the alleged breach
of post
termination restrictions and the alleged theft
of confidential information.
[vi] See British Columbia (Public Service
Employee Relations Commission) v. British Columbia Government Service Employees» Union, [1999] 3 S.C.R. 3 («Meiorin») at para 3, where the Supreme Court allowed an appeal and restored the arbitrator's decision to reinstate an employee, Nilsson v. University of Prince Edward Island, [2013] P.E.I.H.R.B.I.D. No. 2 where the Board of Inquiry ordered a professor reinstated following a finding of age discrimination, Matheson v. Presbytery of Prince Edward Island and Others, [2007] P.E.I.H.R.B.I.D. No. 1 where the Board of Inquiry ordered reinstatement eleven years after the breach of the Human Rights Act had occurred, and, Fair v. Hamilton - Wentworth District School Board, 2013 HRTO 440 where the Tribunal ordered the applicant reinstated to an alternative position almost nine years following her term
Employee Relations Commission) v. British Columbia Government Service
Employees» Union, [1999] 3 S.C.R. 3 («Meiorin») at para 3, where the Supreme Court allowed an appeal and restored the arbitrator's decision to reinstate an
employee, Nilsson v. University of Prince Edward Island, [2013] P.E.I.H.R.B.I.D. No. 2 where the Board of Inquiry ordered a professor reinstated following a finding of age discrimination, Matheson v. Presbytery of Prince Edward Island and Others, [2007] P.E.I.H.R.B.I.D. No. 1 where the Board of Inquiry ordered reinstatement eleven years after the breach of the Human Rights Act had occurred, and, Fair v. Hamilton - Wentworth District School Board, 2013 HRTO 440 where the Tribunal ordered the applicant reinstated to an alternative position almost nine years following her term
employee, Nilsson v. University
of Prince Edward Island, [2013] P.E.I.H.R.B.I.D. No. 2 where the Board
of Inquiry ordered a professor reinstated
following a finding
of age discrimination, Matheson v. Presbytery
of Prince Edward Island and Others, [2007] P.E.I.H.R.B.I.D. No. 1 where the Board
of Inquiry ordered reinstatement eleven years after the breach
of the Human Rights Act had occurred, and, Fair v. Hamilton - Wentworth District School Board, 2013 HRTO 440 where the Tribunal ordered the applicant reinstated to an alternative position almost nine years
following her
termination.
As a result
of this decision, it is now clear that
employees who are regulated under Part III
of the Canada Labour Code can not,
following their first year
of employment, simply be provided with
termination notice or pay in lieu, absent a compelling reason for terminating the employment relationship.
In Wallace v. United Grain Growers Ltd., the Supreme Court
of Canada noted that a refusal to provide a former
employee with a letter
of reference
following the
termination of his or her employment would constitute bad faith or unfair dealings in the manner
of dismissal — and therefore could be used as evidence in support
of a damages claim.
Worked with HR VP and HR Consultants on examination
of existing open cases during the reduction in force due to company merger, to ensure all applicable guidelines and laws were appropriately
followed for those
employees recommended for
termination
• Accurately processed payroll as well as monitored vacation / benefit accruals independently • Actively managed wage garnishments and processed
termination checks • Accepted accountability for the overall teamwork and stood responsible for meeting the deadlines • Assisted HR department with compensation and benefits for payroll related tasks like processing benefits premiums, wage ceilings, long term disability claims, life insurance, group health insurance, fringe benefits, and overtime pay analysis • Assisted internal and external auditing procedures related to payroll by
following company standards and policies • Monitored and reviewed complete payroll accounts for verification
of accuracy and in case
of any discrepancies made appropriate corrections and updates, at the end
of every month • Communicated effectively with all staff responding to their requests and inquiries related to payroll information • Correctly made payroll related general ledger journal entries for each record • Created and dispersed payroll vouchers to the company
employees every month on the pay day • Created benefit audits and reports for terminated / retired
employees • Maintained perfect reconciliations
of balance sheet accounts related to the payroll • Executed special research projects regarding payroll management and for detailed analysis
of financial facets
of payroll • Gave suggestions to the management for the policy and procedure updates and refreshers related to payroll management and its financial aspects • Organized and maintained outstanding payroll checks and lists in coordination with the HR department • Managed contacts and communicated regularly with all the internal and external stakeholders ensuring effective flow
of information • Organized files, accounts, ledgers, records,
employee books for payroll documents and other related purposes • Prepared SDLs — Salary Distribution Journals and other distribution journals every month for payroll accounts • Processed and prepared corporate payroll using Pay Expert Application, managing all paperwork for the wire transfers and generated return funds • Processed payroll changes for new hires and
terminations ensuring accuracy and timeliness
of the process • Proficiently used PRG (Millennium) payroll and TMx labor scheduling software applications for effective payroll management • Resolved all issues related to payroll tax payments and reported after every pay run making sure that all filings were accurately represented by the tax service provider • Reconciled tax payments for federal, state and local payroll as well as returns for multiple authorities on monthly basis.