Employers often offer less pay in lieu of
notice than the courts would require them to.
Not exact matches
You don't have to be
courting VCs to
notice the change in mindset: According to Alicia Robb, a senior fellow at the Kauffman Foundation who analyzed more
than 25,000 Kickstarter projects, female crowdfunders on the site are more likely to get fully funded
than men.
Players have
noticed that the green
courts in Rio play slower and offer higher bounces
than hard
courts used on the North American circuit leading to the U.S. Open later this month.
Please be advised that in accordance with the Order Amending the Claims Procedure Order granted October 30, 2015, if the Monitor intends to revise or reject a Claim, the Monitor shall notify the Claimant who has delivered such Proof of Claim or D&O Proof of Claim, as applicable, that such Claim has been revised or rejected and the reasons therefor, by sending a
Notice of Revision or Disallowance by no later
than December 15, 2015, unless otherwise ordered by the
Court on application by the Monitor.
Other
than to the extent ordered by a bankruptcy or other
court, the use and disclosure of all transferred user information will be subject to this Privacy Policy, or to a new privacy policy if you are given
notice of that new privacy policy and you affirmatively opt - in to accept it.
An election petition to which section 229 (3) applies shall be tried in open
court without a jury, and
notice of the time and place of trial shall be given not less
than 14 days before the day of trial.
He said despite the short
notice, the Commission has no option
than to respect the orders of the Highest
Court of the land.
«Today's layoff and displacement
notices to more
than 600 employees of the New York State Unified
Court System are a direct consequence of bad choices in Gov. Andrew Cuomo's state budget.
ALBANY, NY (05/18/2011)(readMedia)-- «Today's layoff and displacement
notices to more
than 600 employees of the New York State Unified
Court System are a direct consequence of bad choices in Gov. Andrew Cuomo's state budget.
«With nobody
noticing, half the
court's proceeds went missing,» he said, referring to the more
than $ 260,000 Ms. Stulsky admitted to stealing.
Basically a little
notice stamp and that's it; and so there will be no recrimination other
than maybe in the
court of public opinion, but that's it.
Not sure which county you practice in but I've
noticed that Orange County is much more lax with superior
court fashion
than the LA County
courts.
(a) Whenever there shall be a violation of this section an application may be made by the attorney general in the name of the people of the state of New York to a
court or justice having jurisdiction by a special proceeding to issue an injunction, and upon
notice to the defendant of not less
than five days, to enjoin and restrain the continuance of such violation; and if it shall appear to the satisfaction of the
court or justice that the defendant has, in fact, violated this section, an injunction may be issued by the
court or justice, enjoining and restraining any further violations, without requiring proof that any person has, in fact, been injured or damaged thereby.
A Democrat, Spitzer promised in his 2006 campaign for governor to spend more on schools
than he endorsed in the brief, but the four - person Republican majority of the
court, all of whom were appointed by outgoing governor George Pataki, a persistent opponent of the CFE, was under no obligation to take
notice of what Spitzer said as a candidate.
By using standard
notice - and - comment rule making, by bringing the agency's policy in line with the Supreme
Court's interpretation of Title IX, by getting a better handle on the extent of sexual assault in educational institutions and effective prevention measures, and above all, by focusing regulations on improving the educational opportunities that we provide students rather
than upending the sexual mores of society at large, they can demonstrate that not everyone appointed by President Trump need sink to his level.
(I
notice in the WJW comment thread someone opines along the lines of «Oh, that's like EULA boilerplate and it would probably not be enforceable in
court,» which I think is a really charming example of naivete, not in the least because, as I suspected, the boilerplate also specifies (in section 10.1) that disputes between Kindle Direct users and Amazon will be settled through arbitration rather
than the
courts.)
Louisiana lenders must file a simple
notice of reinscription to preserve their priority order with the
court clerk in all parishes other
than Orleans or the recorder of mortgages in New Orleans.
They Can Garnish Your Wages Or Freeze Your Bank Account Faster
Than Normal Creditors When it comes to garnishing your wages or having your bank accounts frozen, other creditors have to send
notices, apply to
court, and have a
court rule in favor of them to take these actions.
At least the
court revised the insurer's proposed terms to circumscribe the obligation in these terms: «The defence insurer shall be entitled to require the claimant to undergo medical examination at its request upon reasonable
notice being given to the claimant at any time during the claimant's lifetime, such medical examinations to be limited to obtaining a medical opinion as to the claimant's general health in order to obtain a quotation for the purchase cost of an annuity to fund the periodical payments and / or (not more frequently
than once every seven years) for the express purposes of reviewing its reserve.
IBM appealed to the British Columbia
Court of Appeal, and ultimately the Supreme
Court of Canada, arguing that receiving both pension benefits and
notice pay would result in Waterman being placed in a better economic position
than he would have been in had he been given proper working
notice.
The
Court of Appeal decided that, as a general rule, unless there is a statutory requirement to the contrary, where a person wishes to serve
notice relating to a particular property on its owner, their obligation to make reasonable enquiries went no further
than to search the proprietorship register to ascertain the owner's address.
Individuals shall not, directly or indirectly, disseminate, make available, disclose, or use any reason other
than performance of their job with the Company, any confidential information or proprietary data of the Company, unless and only to the extent such release or disclosure is required by any
court or administrative agency (and then only after prompt
notice to the Company to permit the Company to seek a protective order).
The motion should be heard no later
than 60 days after the
notice of motion is filed with the
court.
The
Court held that the incapacity clause rendered illegal as a result of legislative change was properly excised in keeping with section 12.2 of the contract and that the termination clause could be reasonably interpreted to provide for the ESA entitlement rather
than an illegal 15 day
notice / severance entitlement.
(b) in the case of the death of the person insured, if a declaration of presumption of death is necessary, the
notice or proof is given or furnished no later
than one year after the date a
court makes the declaration.
(2) If a motion is brought under section (1), a) the applicant must set a date for the hearing that is i. No later
than 60 days after
notice of the motion is filed with the
court, and ii.
Judicial
notice Technically the expression «judicial
notice» meant no more
than the identified material could be received by the
court without further proof.
The application is started by the estate trustee by way of a
notice of application to pass accounts (where the circumstances warrant it, a beneficiary may seek an order of the
court compelling the estate trustee to bring an application to pass accounts rather
than relying on the estate trustee to start the application of her own volition).
The High
Court ruled that section 215
notices can not be used to try to deal with issues of aesthetic judgement rather
than disrepair or dilapidation.
When the plaintiff initially came back to
court, in obtained an interim injunction - it was, again, time limited, but since it was done on little
notice to the defendant, it is an interim injunction rather
than an interlocutory injunction.
In this instance, the
courts will award the employee common law
notice (damages), which are often considerably more
than minimal standards.
Reasonable
notice of termination under the common law (
court decisions) is often extraordinarily higher
than the statutory minimums.
(G)(1) If the residential parent intends to move to a residence other
than the residence specified in the parenting time order or decree of the
court, the parent shall file a
notice of intent to relocate with the
court that issued the order or decree.
(a) If the
court grants periods of physical placement to more
than one parent, it shall order a parent with legal custody of and physical placement rights to a child to provide not less
than 60 days written
notice to the other parent, with a copy to the
court, of his or her intent to:
Unless excused by the
court for exigent circumstances, the
notice shall be mailed not later
than sixty (60) days prior to the move.
Justice Perell's observation, that «it is cynical to assume that with many years of future employment both possible and needed, that he will sit on his hands and wait out the reasonable
notice period rather
than getting on with his career» is no more
than a reiteration of the BC
Court of Appeal's articulation of this fundamental principle underlying the duty to mitigate.
Generally, Ontario
courts have determined that when an employee utilizes a special skill in their employment they may deserve a greater
notice period
than another employee who does not despite the fact that both employees had the same or similar length of service with the employer.
(4) If a parent who is granted parenting time rights pursuant to this section or any other section of the Revised Code is authorized by an order issued pursuant to this section or any other
court order to receive a copy of any
notice of relocation that is filed pursuant to division (G)(1) of this section or pursuant to
court order, if the residential parent intends to move to a residence other
than the residence address specified in the parenting time order, and if the residential parent does not want the parent who is granted the parenting time rights to receive a copy of the relocation
notice because the parent with parenting time rights has been convicted of or pleaded guilty to a violation of section 2919.25 of the Revised Code involving a victim who at the time of the commission of the offense was a member of the family or household that is the subject of the proceeding, has been convicted of or pleaded guilty to any other offense involving a victim who at the time of the commission of the offense was a member of the family or household that is the subject of the proceeding and caused physical harm to the victim in the commission of the offense, or has been determined to be the perpetrator of the abusive act that is the basis of an adjudication that a child is an abused child, the residential parent may file a motion with the
court requesting that the parent who is granted the parenting time rights not receive a copy of any
notice of relocation.
The
Court noted that the clause purported to limit
notice but not severance pay, and that the clause «did not provide less
than the minimum severance obligations under the ESA, and is not void pursuant to s. 5 (1).»
In a recent decision, the Ontario
Court of Appeal awarded a former employee restitutionary damages rather
than pay in lieu of reasonable
notice.
The Ontario Superior
Court concluded that the Keenans were entitled to 26 months of
notice after they were found to be dependent, rather
than independent, contractors of the employer.
Recently acted as lead counsel in defending several of the nation's largest retailers in consumer class actions across the country challenging the efficacy of a popular nutritional supplement; obtained
court approval of a global settlement of less
than $ 3 million (including attorneys» fees and
notice costs).
(2) A motion under section 137.1 shall be heard no later
than 60 days after
notice of the motion is filed with the
court.
No single aspect of the
Court's jurisdiction receives more public
notice than the death penalty cases.
The
courts have considered the question of whether the
Notice and additional requirements under section 128 (7) of the Act can be contained in more
than one document in Islington London Borough Council v Dyer.
A
notice of motion in response to an action, other
than a motion challenging the
court's jurisdiction.
In Munoz v Sierra Systems Group Inc, 2016 BCCA 140, the B.C.
Court of Appeal recently considered a
notice award of ten months for an employee with less
than three years» service.
As the Markoulakis demonstrates, where employees do push back to receive more money, between the use of a salary continuance structure and the duty to mitigate one's damages, an employee can actually receive less money
than he otherwise would have received had he accepted the lump sum amount, even if the
court agrees that the
notice period should be longer.
In 2011 the Ontario
Court of Appeal questioned the presumption that a junior employee should receive a shorter
notice period
than a senior employee.
If the termination clause provides the employee with less
than that required by the ESA, a
court will strike the clause from the contract and award the dismissed employee reasonable
notice of dismissal.