Sentences with phrase «for breach of employment contracts»

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

He sued for breach of the employment contract and constructive dismissal.

An action is brought for damages for breach of the employment contract.

An action for damages for breach of the employment contract is probably not an adequate remedy.

Not exact matches

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.

To successfully claim for constructive dismissal, you must be able to show that your employment contract has been breached in such a way that had the effect of making your position untenable.

By: Whitten and Lublin Category: Breach of Policy, Cause for Dismissal, Employment Contracts, Employment Law Advice, In the Media, Resignation, Wrongful Dismissal No Comments

As in the instant case, the plaintiff there alleged that the individual defendant obtained certain trade secrets during his employment with plaintiff, then in breach of a confidentiality agreement that was part of his employment contract, misappropriated that information when he went to work for the defendant JPS.

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.

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.

In this case «protective» proceedings for unfair dismissal, breach of contract and sex discrimination had been issued in the employment tribunal (ET) and then stayed pending determination of the application for judicial review.

He did not pursue a claim for unfair dismissal against the university (he had less than a year's continuous employment), but brought a claim against Swindon College for negligent misstatement and breach of contract.

Termination of the employment of the owner manager other than for a material breach of his employment contract.

«As I understand counsel for the respondent in this Court, he was of the view that the company could not relocate its business to the financial detriment of the respondent without creating a fundamental breach of its contract of employment.

Termination of the employment of the owner manager for a material breach of his employment contract.

The trial judge, and later the New Brunswick Court of Appeal, erred by failing to apply the first test for constructive dismissal, which is whether the employer's action constitutes a breach of the employment contract, Wagner wrote.

On the plaintiff side, we represent employers bringing claims for all types of breaches of employment contracts, including violations of noncompete agreements, nonsolicitation agreements and relocation agreements.

After affirming the trial judge's decision that Mr. Allen was actually terminated on October 14, 2009, the Court of Appeal for British Columbia cited with approval the decision of Bowes v. Goss Power Products Ltd., 2012 ONCA 425, (canvassed by this blog in the post Fix the Duty to Mitigate) in which the Court of Appeal for Ontario held that if an employment contract provides for a fixed severance package there is no duty on the employee to mitigate his damages, and held that as Mr. Allen's employment agreement did not impose a duty to mitigate, the trial judge properly found he was therefore entitled to the balance owing for 15 months» salary and benefits in lieu of notice as damages for breach of contract.

For the purposes of a wrongful dismissal action, the employment contract is breached when the employer dismisses the employee without reasonable notice

Amy was junior counsel in Ranson v Customer Systems plc [2012] EWCA Civ 841 (an employment dispute before the Court of Appeal regarding a claim for breach of contract, fiduciary duty and restrictive covenant).

The plaintiff claims $ 25,000 for damages for wrongful dismissal and breach of the employment contract.

Julie focuses on employment litigation, and regularly defends employers in judicial, arbitration, and administrative proceedings involving claims for discrimination, harassment, wrongful termination, retaliation (including Sarbanes - Oxley whistleblower claims), defamation, invasion of privacy, violation of federal and state leave laws, and breach of contract.

Hawkins v Atex Group Limited Acting for the former CEO of a digital media company on both an unfair prejudice petition and claims against him for breach of fiduciary duty and breach of his contract of employment (with David Chivers QC).

Where an employer fails to do so, the suspension will be viewed as an unauthorized breach of the employment contract, amounting to «constructive dismissal» of the employee, who can then sue the former employer for compensation.

The trial judge found that although there had been some diminishment of the plaintiff's responsibilities in that he no longer directly supervised any employees or had responsibility for an operations budget, the diminishment was not enough to constitute a fundamental breach of his employment contract.

He works for clients involved with discrimination, harassment, retaliation, medical leave, wage and hour disputes, defamation, wrongful discharge, breach of contract, civil rights claims, and employment - related torts.

Where there is evidence that an employee may have committed a serious breach of his or her employment contract or may be guilty of gross misconduct, it may be possible for the company to terminate that person's employment with immediate effect.

Copyright infringement and breach of contract claims brought by the graphic design firm LimeCoral against employment website operator CareerBuilder were properly dismissed by the federal district court in Chicago, the U.S. Court of Appeals for the Seventh Circuit has decided

Pulina acts for employers in the defense of employment and data privacy claims, including for unfair dismissal, discrimination, whistleblowing, breach of data processing, and employment contract claims.

For example, if your company's employee handbook states that employees who are terminated will receive severance according to a formula based on the employee's years of service, and your company does not pay you the correct amount of severance, our employment attorneys may be able to file a breach of contract claim on your behalf seeking the unpaid compensation.

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 forEmployment 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 foremployment 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 majority stressed that the right to terminate on reasonable notice is an implied term — and not the breach — of an employment agreement, and therefore payment in lieu of notice is not damages for breach of contract, but is part of the compensation contemplated by the contract.

David has acted for clients in a wide range of disputes, including shareholder and partnership disputes, securities litigation, class action defence, proceedings under the Competition Act, employment law disputes, contract disputes, breach of confidence / intellectual property disputes, fidelity bond claims, and professional negligence claims.

This is illustrated in Gichuru v. Smith, 2010 BCCA 35, a case where a plaintiff, upon having his articling student employment with a law firm terminated, sued a law corporation and its principal for breach of fiduciary duty and contract, seeking compensatory and punitive damages.

Badly handled disciplinary procedures and issues result in many employment tribunal claims every year including for breach of contract, unfair dismissal and discrimination.

Justice Glithero found that the termination clause breached the ESA writing «[b] oth Machtinger at para. 26 and s. 5 (1) of the ESA make any provisions that attempt to contract out of minimum employment standards, by providing for lesser benefits than those legislated as minimums, «null and void»».

Rather, it is for common law contract damages as compensation for the [benefits] the [employee] would have earned had the [employer] not breached the contract of employment.

San Francisco's employment group has tried and arbitrated a wide variety of disputes under state and federal employment law, including claims for wrongful termination, discrimination, wage and hour, ERISA, sexual harassment, defamation, breach of contract and other related claims.

Trial counsel for private equity firm in successful arbitration involving breach of contract and employment claims.

For a long time, Canadian courts did not recognize damages for mental anguish, as it was not something that could be claimed under breach of contract, especially if due notice was given in employment casFor a long time, Canadian courts did not recognize damages for mental anguish, as it was not something that could be claimed under breach of contract, especially if due notice was given in employment casfor mental anguish, as it was not something that could be claimed under breach of contract, especially if due notice was given in employment cases.

This formulation represents the traditional version of the tort which imposes liability upon a defendant for inducing breach by a plaintiff's promisor, such as when a defendant intentionally and without justification induces a plaintiff's employee to breach an employment contract and come to work for that defendant.

Damages for wrongful dismissal are not payable in priority to other expenses pursuant to the Insolvency Act 1986, Sch B1, para 99 (4) to (6), since a payment in respect of the period after the date of termination of employment can not amount to «wages» but rather is a payment by the employer on account of the employee's claim for damages for breach of contract.

The employment judge at first instance found that the employer had reasonably believed that the contract became illegal with the expiry of the passport, and so the claimant could not enforce her claim for breach of contract.

While such addictions amount to illness, an employer does not have to tolerate breaches of the terms of employment contracts, and a dismissal of a drunk employee would be for such breach, and not for the underlying condition.

Examples of such cases are Chandler v Cape Plc [2011] EWHC 951 (QB)(liability of non-employer for exposure to asbestos), Kynixa Ltd v Hynes and others [2008] EWHC 1495 (QB)(claims arising from alleged breaches of restrictive covenants in employment contracts), Romantiek BVBA v Simms [2008] EWHC 3099 (QB) a claim alleging that a public official had committed the tort of misfeasance in public office when discharging a licensing function, OOO and others v The Commissioner of Police for the Metropolis [20011] EWHC 1246 (QB)(claims by young foreign females that they had been trafficked into the UK by foreign nationals for the purpose of slavery and that officers of the Metropolitan Police Force breached their human rights in failing to investigate their complaints adequately or at all) and Mouncher and others v The Chief Constable of South Wales Police [2016] EWHC 1367 (QB)(claims by retired and serving police officers for false imprisonment, misfeasance in public office and malicious prosecution against South Wales Police arising from an investigation by officers of that force into alleged criminal conduct on the part of the claimants during the course of an investigation into a notorious murder in South Wales.

During this time, Lowenstein partners spent significant time billing for preparation of a Complaint in the employment breach of contract case, even though the EEA had a clear arbitration clause, a preliminary issue that any fresh - out - of - law - school associate would be able to easily identify with a cursory review.

He also specialises in employment law, acting for both employers and employees and has extensive experience in contentious and non-contentious matters, including advising on restrictive covenants and their enforcement, business transfers and their consequences in terms of employment and handling claims for breach of contract.

This includes charges before the EEOC and state fair employment practice agencies; wrongful termination, discharge, employment discrimination, wage / hour, wrongful discharge and breach of contract claims in federal and state courts; prosecuting and defending claims for enforcement of non-competition agreements and trade secret rights; and arbitrations under employment and collective bargaining agreements.