Sentences with phrase «for termination without»

Since the initial Employment Offer did not expressly touch upon the issue of reasonable notice for termination without cause, it was an implied term of the contract that the plaintiff was entitled to the common law standard of reasonable notice.

The above is not an exhaustive list of reasons for termination without notice.

At trial, the plaintiff sought pay in lieu of common law «reasonable notice» and argued that his written contract was unenforceable for two reasons: the contract allowed for termination without notice in case of «continuing incapacity considered permanent» (based on legislation that was later amended) and allowed for termination on only 15 days» notice even though his service at the time entitled him to much more than 15 days» notice under the ESA.

Not exact matches

NBCUniversal may change, suspend or discontinue any aspect of the Site or online services at any time (and any elements and features of them), in whole or in part, for any reason, in our sole discretion, without notice or liability, including pursuant to Section 19 (Termination) below.

Such risks, uncertainties and other factors include, without limitation: (1) the effect of economic conditions in the industries and markets in which United Technologies and Rockwell Collins operate in the U.S. and globally and any changes therein, including financial market conditions, fluctuations in commodity prices, interest rates and foreign currency exchange rates, levels of end market demand in construction and in both the commercial and defense segments of the aerospace industry, levels of air travel, financial condition of commercial airlines, the impact of weather conditions and natural disasters and the financial condition of our customers and suppliers; (2) challenges in the development, production, delivery, support, performance and realization of the anticipated benefits of advanced technologies and new products and services; (3) the scope, nature, impact or timing of acquisition and divestiture or restructuring activity, including the pending acquisition of Rockwell Collins, including among other things integration of acquired businesses into United Technologies» existing businesses and realization of synergies and opportunities for growth and innovation; (4) future timing and levels of indebtedness, including indebtedness expected to be incurred by United Technologies in connection with the pending Rockwell Collins acquisition, and capital spending and research and development spending, including in connection with the pending Rockwell Collins acquisition; (5) future availability of credit and factors that may affect such availability, including credit market conditions and our capital structure; (6) the timing and scope of future repurchases of United Technologies» common stock, which may be suspended at any time due to various factors, including market conditions and the level of other investing activities and uses of cash, including in connection with the proposed acquisition of Rockwell; (7) delays and disruption in delivery of materials and services from suppliers; (8) company and customer - directed cost reduction efforts and restructuring costs and savings and other consequences thereof; (9) new business and investment opportunities; (10) our ability to realize the intended benefits of organizational changes; (11) the anticipated benefits of diversification and balance of operations across product lines, regions and industries; (12) the outcome of legal proceedings, investigations and other contingencies; (13) pension plan assumptions and future contributions; (14) the impact of the negotiation of collective bargaining agreements and labor disputes; (15) the effect of changes in political conditions in the U.S. and other countries in which United Technologies and Rockwell Collins operate, including the effect of changes in U.S. trade policies or the U.K.'s pending withdrawal from the EU, on general market conditions, global trade policies and currency exchange rates in the near term and beyond; (16) the effect of changes in tax (including U.S. tax reform enacted on December 22, 2017, which is commonly referred to as the Tax Cuts and Jobs Act of 2017), environmental, regulatory (including among other things import / export) and other laws and regulations in the U.S. and other countries in which United Technologies and Rockwell Collins operate; (17) the ability of United Technologies and Rockwell Collins to receive the required regulatory approvals (and the risk that such approvals may result in the imposition of conditions that could adversely affect the combined company or the expected benefits of the merger) and to satisfy the other conditions to the closing of the pending acquisition on a timely basis or at all; (18) the occurrence of events that may give rise to a right of one or both of United Technologies or Rockwell Collins to terminate the merger agreement, including in circumstances that might require Rockwell Collins to pay a termination fee of $ 695 million to United Technologies or $ 50 million of expense reimbursement; (19) negative effects of the announcement or the completion of the merger on the market price of United Technologies» and / or Rockwell Collins» common stock and / or on their respective financial performance; (20) risks related to Rockwell Collins and United Technologies being restricted in their operation of their businesses while the merger agreement is in effect; (21) risks relating to the value of the United Technologies» shares to be issued in connection with the pending Rockwell acquisition, significant merger costs and / or unknown liabilities; (22) risks associated with third party contracts containing consent and / or other provisions that may be triggered by the Rockwell merger agreement; (23) risks associated with merger - related litigation or appraisal proceedings; and (24) the ability of United Technologies and Rockwell Collins, or the combined company, to retain and hire key personnel.

In order to support the continuity of senior leadership, we have employment agreements with Ms. Katz and Messrs. Skinner and Gold which provide, among other things, for payments to the executive following a termination of employment by the executive for «good reason» or a termination of the executive's employment by us without «cause.»

The «termination without cause» took less than a minute, as Beutner was then escorted back to his office by T - Pub SVP for Human Resources Cindy Ballard — the same drill employed as protocol as so many newspaper jobs have been cut over the last decade.

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.

The firm reserves the right to terminate, at any time and for any reason, any registered user's access to this website, without giving notice of such termination to the user.

If any Shares remain outstanding after the date of termination, the Trustee thereafter shall discontinue the registration of transfers of Shares, shall not make any distributions to Shareholders, and shall not give any further notices or perform any further acts under the Trust Agreement, except that the Trustee will continue to collect distributions pertaining to Trust assets and hold the same uninvested and without liability for interest, pay the Trust's expenses and sell Bitcoins as necessary to meet those expenses and will continue to deliver Trust assets, together with any distributions received with respect thereto and the net proceeds of the sale of any other property, in exchange for Shares surrendered to the Trustee (after deducting or upon payment of, in each case, the fee to the Trustee for the surrender of Shares, any expenses for the account of the Shareholders in accordance with the terms and conditions of the Trust Agreement, and any applicable taxes or other governmental charges).

We reserve the right, but do not undertake the obligation to: (a) monitor or review the Sites and the Applications for violations of this Agreement and for compliance with our policies; (b) report to law enforcement authorities and / or take legal action against anyone who violates this Agreement; (c) refuse, restrict access to or the availability of, or remove or disable (to the extent technologically feasible) any Contribution or any portion thereof that may violate this Agreement, the law or any of our policies or are excessive in size or burdensome without prior notice to you; (d) manage the Sites and the Applications in a manner designed to protect our and third parties» rights and property or to facilitate the proper functioning of the Sites and the Applications; (e) screen our users or members, or attempt to verify the statements of our users or members and / or (f) monitor disputes between you and other users or to termination or block you and other users for violations of this Agreement.

During this time, officers can be laid off without their employer having to prove just cause for the termination, according to the state attorney general's office.

Probationary police officers are «at - will» employees, meaning they can be dismissed without the employer having to prove «just cause» for the termination, according to the state attorney general's office.

While a probationary member, a police officer can be fired without the employer having to prove «just cause» for the termination, according to the state attorney general's office.

These changes will end the currently common, but antisocial, practice of pretending to employ young scientists at a different university after the termination of their temporary contract without providing them with the opportunity to apply for a permanent position.

Consistent with the severity of the violation, discipline can include verbal or written warning, suspension with or without pay, loss or reduction of bonus or stock options, demotion or, for the most serious offenses or repeated misconduct, employment termination.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and / or accordingly may deny you access to our Services (or any part thereof).

Use of SPAM to promote the Partner links to the web - site or traffic to a web - site will be grounds for immediate termination for cause without previous notice and the Partner shall forfeit any right to unpaid commission.

Any district school board employee who is willfully absent from duty without leave shall forfeit compensation for the time of such absence, and his or her employment shall be subject to termination by the district school board.

The «out of print» clause is often one of the author's only chances to terminate a publishing contract without the publisher's advance agreement (the legal term for this is a «unilateral» termination right).

The OverDrive integration will allow for the checkout of ebooks from within Millennium or Sierra without jumping to the OverDrive interface; the June rollout of Decision Center, the company's new data - driven collection management tool that will compete with collectionHQ's product; a wave of hiring backed by the new investors, which has already increased the staff by 20 so far this year and will add another 40 by the end of the year (mostly in development and support), according to Massana, pushing the company past 400 employees; the creation of five «library relations managers» who serve as customer advocates at III; the complete integration of SkyRiver Technology Solutions into III along with the termination of SkyRiver's suit against OCLC on March 4.

If you fail, or Humble Bundle, in its sole and absolute discretion, determines or suspects that you have failed, to comply with any of these Terms, including but not limited to failure to make payment of fees due, failure to provide Humble Bundle with a valid payment method, failure to safeguard your download page, or violation of our usage rules or any license to the software, Humble Bundle, at its sole discretion, without notice to you may: (i) terminate these Terms and / or your download page, and you will remain liable for all amounts due up to and including the date of termination; and / or (ii) terminate the license to the software; and / or (iii) preclude access to the Service (or any part thereof).

Termination; Modification Green Dot reserves the right, without notice and at its sole discretion, to suspend or terminate your ability to access or use the Services, and to block or prevent future access to and use of the Services for any reason.

22.5 In addition, without limiting clause 22.1 it is a condition of Membership that, unless Qantas is otherwise notified by a Relevant Member, the Relevant Member consents to Qantas disclosing the Relevant Member's personal information and Emirates operated flight details to Emirates in the United Arab Emirates and the United Kingdom on or after the Emirates Termination Date for the purpose of Emirates offering the Relevant Member membership in the Skywards frequent flyer program (or the equivalent program as at the Emirates Termination Date).

- be sanctioned by the termination of the membership, that is, the immediate cancellation of the card, its benefits, the closure of the account and the cancellation of the Points earned, without any claim for compensation by the Member, for whatever reason.

If you fail, or Humble Bundle, in its sole and absolute discretion, determines or suspects that you have failed, to comply with any of these Terms, including but not limited to failure to make payment of fees due, failure to provide Humble Bundle with a valid payment method, failure to safeguard your download page, or violation of our usage rules or any license to the software, Humble Bundle, at its sole discretion, without notice to you may: (i) terminate these Terms and / or your download page, and you will remain liable for all amounts due up to and including the date of termination; and / or (ii) terminate the license to the software; and / or (iii) preclude access to the Service (or any part thereof).

In the case of SS v NS [2014] EWHC 4183 (Fam), he stated that the court should consider a termination of spousal maintenance as soon as it was just and reasonable, and that a fixed term for such maintenance (for example, five years) should be considered unless the economically weaker party would be unable to adjust without undue hardship.

While there appeared to be a consensus for years that strict language was required to displace the common law without infringing on the ESA, Rose says a 2016 Ontario Court of Appeal decision dismissed an appeal from a motion judge's ruling upholding a termination clause — providing «the minimum required by the ESA» — that was linguistically sparse compared to earlier rulings.

A contract is a contract and, as expressed by Chief Justice Winkler on behalf of a unanimous court, «From a practical perspective, it is worth repeating that if parties to an employment agreement specifying a fixed amount of damages intend for mitigation to apply upon termination without cause, they must express that intention in clear and specific language in the contract.»

The Federal Court of Appeal acknowledged that for a very long time there had been two divergent and conflicting lines of case law regarding the question of whether Part III of the Canada Code permits terminations of employment without cause.

First, if you are let go from your job without giving your employer cause for termination do not simply accept the first amount provided to you, even if it accords with the amount set out in the Canada Labour Code or Employment Standards Act, 2000.

(6) Where a collective agreement referred to in subsection (4) or (5) provides that it will continue to operate for a further term or successive terms if either party fails to give to the other notice of termination or of its desire to bargain with a view to the renewal, with or without modifications, of the agreement or to the making of a new agreement, a trade union may apply to the Board for certification as bargaining agent of any of the employees in the bargaining unit defined in the agreement during the further term or successive terms only during the last three months of each year that it so continues to operate, or after the commencement of the last three months of its operation, as the case may be.

For employers, this means that they could end the employment contract without violating the Human Rights Code [the «Code»] and only be obligated to provide the minimum termination entitlements under the Employment Standards Act, 2000.

assumes Guilt Upon Accusation and forces the termination of internet connections and websites without evidence, without a fair trial, and without punishment for any false accusations of copyright infringement.

In a minority of U.S. states it isn't automatically unlawful to evict someone for non-payment of rent or the termination of a lease term without a court order, if it can be accomplished without a breach of the peace.

In this cases, it provides a less messy and more flexible alternative to an eviction action to get a tenant to leave voluntarily, while compensating a landlord, without court action, when the tenant just can't leave quite on time for some reason like an inability to get movers scheduled by the lease termination date.

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.

Where a termination provision in a fixed - term employment agreement is rendered unenforceable, the employee may be entitled to wages for the balance of the fixed term, without any reduction for mitigated damages.

Pre-Oudin there was an accepted «rule book» about required language for employees to contract out of their entitlement to common law notice of termination of employment — and to restrict themselves to statutory minimums under the Employment Standards Act, 2000 — without offending the ESA.

It is extremely likely that, in the absence of an express term setting out the legal rights and obligations of employer and employee (a factor considered in Four Seasons Healthcare Ltd v Maughan [2005] IRLR 324, [2005] All ER (D) 24 (Jan) in relation to suspension without pay prior to conviction) an employee's unavailability for work would lead to automatic termination of the contract under the doctrine of frustration.

Where a collective agreement referred to in subsection (2) or (3) provides that it will continue to operate for any further term or successive terms if either party fails to give to the other notice of termination or of its desire to bargain with a view to renewal, with or without modifications, of the agreement or to the making of a new agreement, another trade union may apply to the board for certification as bargaining agent of any of the employees in the bargaining unit defined in the agreement during the further term or successive terms only during the last two months of each year that it so continues to operate, or after the commencement of the last two months of its operation, as the case may be.

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.

The issue before us arises because the Plaintiffs also contend that the Defendant's conduct is part of an ongoing corporate strategy for getting rid of unwanted employees without giving proper notice of termination, as already disclosed in prior court proceedings.

For example, the right to reasonable notice of termination, which prevents dismissal without notice or severance; the right to refuse adverse changes to compensation or position, from which constructive dismissals arise; and the right to compete freely with a former employer following departure.

SB 1520 amends 718.117, Florida Statutes, regarding the optional termination of condominiums, making it more difficult for a Plan of Termination to be passed without full consent of the utermination of condominiums, making it more difficult for a Plan of Termination to be passed without full consent of the uTermination to be passed without full consent of the unit owners.

In the recent decision of Cabott v. Urban Systems Ltd., 2015 YKSC 25; 2016 YKCA 4, the Supreme Court of Yukon awarded a 53 - year - old employee, who had been employed as a professional planner and supervisor for approximately 14 months at the time of her without cause termination, damages reflective of six months of reasonable notice.

AIMCo's action made it impossible for the Plaintiff Styles to meet the LTIP eligibility condition that «participants [in the LTIP] must be actively employed by AIMCo, without regard to whether the Participant is receiving, or will receive, any compensatory payments or salary in lieu of notice or termination on the date of payout, in order to be eligible to receive any payment.»

[102] Therefore the proper question to ask with regard to measuring damages in cases of without cause dismissal is not What did the plaintiff lose for the notice period as a result of the termination?

The other termination right is termination for convenience or termination without cause.

Do the performance deficiencies amount to «just cause» for dismissal enabling termination of the superintendent's employment without notice or compensation?