Sentences with phrase «of willful misconduct»

It is difficult to imagine a case whereby an employer could summarily dismiss an employee for incompetence on the basis of a single incident unless the employee had also engaged in another type of willful misconduct that had the effect of significantly magnifying the impact of the employee's act of incompetence.

These restrictions can be extended beyond six months, and their licensed can be revoked, if they are found guilty of willful misconduct or negligence while driving.

Generally speaking, the following debts will not be discharged: taxes; spousal and child support; debts arising out of willful misconduct and / or malicious misconduct by the debtor; liability for injury or death from driving while intoxicated; nondischargeable debts from a prior bankruptcy; student loans; criminal fines and penalties and forfeitures.

Not exact matches

«Responsibility remains so diffuse, and top executives so insulated,» Holder said in 2014, «that any misconduct could again be considered more a symptom of the institution's culture than a result of the willful actions of any single individual.»

Cape Air assumes no responsibility or liability for loss or damage to unchecked, carry - on baggage, or carry - out baggage, unless the loss or damage occurred while in the sole custody of Cape Air or was caused by the sole negligence or willful misconduct of Cape Air.

While the Sponsor believes it has developed a proprietary Security System reasonably designed to safeguard, to the extent possible, the Trust's Bitcoins from theft, loss, destruction or other issues relating to hackers and technological attack, the Security System is not impenetrable and may not be free from defect, and any loss due to a security breach or software defect will be borne by the Trust, absent gross negligence, willful misconduct or fraud on the part of the Sponsor, the Trustee or their agents.

However, the preceding liability exclusion will not protect the Sponsor against any liability resulting from its own gross negligence, willful misconduct or bad faith in the performance of its duties.

Giving a broad interpretation to a Prohibition - era regulation that calls alcoholism the result of «willful misconduct,» it ruled that the VA was within its rights to refuse the plaintiffs an extension of their educational benefits.

The statute provides immunity from liability for civil damages resulting from any act of omission to a volunteer who authorizes a youth athlete to return to play, except in circumstances of gross negligence or willful or wanton misconduct.

All the cases prosecuted involved some combination of: clearly intentional and willful mishandling of classified information; or vast quantities of materials exposed in such a way as to support an inference of intentional misconduct; or indications of disloyalty to the United States; or efforts to obstruct justice.

You shall indemnify The Endocrine Society and its directors, officers, employees, agents, contractors and licensors («The Endocrine Society Indemnitees») against all claims, actions, suits, and other proceedings («Claims») arising out of or incurred in connection with the Site and your use of the Site, your fraud, violation of law, negligence, willful misconduct, or any other use of the Site, the User Materials, the Site Materials, the services, products, information and other materials on and in and made available through the Site, (except to the extent attributable to The Endocrine Society), or any breach by you of these Terms and Conditions and shall indemnify and hold the Endocrine Society Indemnitees harmless from and against all judgments, losses, liabilities, damages, costs, and expenses (including without limitation reasonable attorneys» fees and attorneys» disbursements) arising out of or incurred in connection with such Claims.

For example, nearly half of all suspensions issued in California public schools during the 2011 — 12 school year were for «willful defiance,» a category of student misconduct that includes refusing to remove a hat or turn off a cell phone, or school uniform violations.

Any member of the district administrative or supervisory staff, including any principal but excluding an employee specified in subsection (4), may be suspended or dismissed at any time during the term of the contract; however, the charges against him or her must be based on immorality, misconduct in office, incompetency, gross insubordination, willful neglect of duty, drunkenness, or being convicted or found guilty of, or entering a plea of guilty, regardless of adjudication of guilt, any crime involving moral turpitude, as these terms are defined by rule of the State Board of Education.

Just cause includes, but is not limited to, the following instances, as defined by rule of the State Board of Education: immorality, misconduct in office, incompetency, two consecutive annual performance evaluation ratings of unsatisfactory under s. 1012.34, two annual performance evaluation ratings of unsatisfactory within a 3 - year period under s. 1012.34, three consecutive annual performance evaluation ratings of needs improvement or a combination of needs improvement and unsatisfactory under s. 1012.34, gross insubordination, willful neglect of duty, or being convicted or found guilty of, or entering a plea of guilty to, regardless of adjudication of guilt, any crime involving moral turpitude.

The discipline policy shifts by a range of governments have yielded real change: In 2014, California became the first state in the nation to ban «willful defiance» suspensions for its youngest students — a category of misconduct that includes refusing to remove a hat, to wear the school uniform, or to turn off a cell phone.

The process is the same regardless of the grounds for dismissal, which include immorality, misconduct, insubordination, incompetency and willful neglect of duty.

To the extent permitted by law, we shall not be liable for any Losses by or with respect to the Account, except to the extent that such Losses are actual Losses proven with reasonable certainty, are not speculative, are proven to have been fairly within the contemplation of the parties as of the date hereof, and are determined by a court of competent jurisdiction or an arbitration panel in a final non-appealable judgment or order to have resulted solely from our gross negligence or willful misconduct and without limiting the generality of the foregoing, we will not be liable for any indirect, special, incidental or consequential damages or other losses (regardless of whether such damages or other losses were reasonably foreseeable).

The Consulting Agreement with Northern Lights Compliance Services, LLC («NLCS») provides that the Registrant agree to indemnify and hold NLCS harmless from and against any and all losses, damages, costs, charges, reasonable counsel fees, payments, expenses and liability arising out of or attributable to the Trust's refusal or failure to comply with the terms of the Agreement, or which arise out of the Trust's lack of good faith, gross negligence or willful misconduct with respect to the Trust's performance under or in connection with the Agreement.

A serious question: Do Eric's escapades as «reviewer A» to block your paper, followed by his later willful misstatements, reach the level of professional misconduct?

Additional punitive damages (in the case of gross negligence or willful misconduct) normally can not exceed the total of your damages for tangible and intangible losses, although in rare cases you may be entitled to up to 300 % of the amount of these damages.

If an employee has engaged in willful misconduct or the employer has other «just cause» for termination, they are not required to provide reasonable notice or payment instead of notice.

The CJC alleges that the judge engaged in «willful misconduct» that was unbecoming of a judicial officer, AP reports.

A landowner owes a duty to licenses to refrain from wanton negligence or willful misconduct and to warn the licensee of a known dangerous defect or condition that is not obvious.

In Idaho, non-economic damages can be greater than $ 250,000 except in the case of felonies or willful misconduct.

If you have suffered emotional distress because of another person's negligent actions or willful misconduct, you may be entitled to recover compensation.

Benefits are not payable if you are injured while engaged in willful misconduct or if your injury is due to the use of alcohol, drugs or the misuse of controlled substances.

Therefore, the family court must find the allegedly at fault party engaged in willful misconduct, bad faith, intentional dissipation of marital assets, or the like before it may alter the equitable distribution of marital property based on economic misconduct.

Your creditors can object to your request to discharge a debt if the debt was obtained or incurred as a result of any of the following types of misconduct: fraud; embezzlement or larceny; and any willful or malicious injuries you have caused others; or a divorce or separation (this does not include debts for child support and spousal maintenance, which are non-dischargeable by law).

Under Georgia law, punitive damages may only be awarded in a tort action if «it is proven by clear and convincing evidence that the defendant's actions showed willful misconduct, malice, fraud, wantonness, oppression, or that entire want of care which would raise the presumption of conscious indifference to consequences.»

However, you must be able to prove that your employer actions rose to the level of serious and willful misconduct.

Legal disciplines and claims in which we have represented clients include: breach of contract, gross negligence, willful misconduct, fraud, trade secret misappropriation, intellectual property violations, product liability, competition law violations and insurance coverage.

In Ontario, the Court of Appeal has recognized that serious misconduct, habitual neglect of duty, incompetence or conduct incompatible with duties or prejudicial to the employer's business, or willful disobedience to the employer's orders in a matter of substance may very well be «cause» for dismissal.

The insurance does not cover injuries outside the scope of employment, those caused by the employee's own willful misconduct, or injuries that occur gradually or from repetitive trauma.

Boulanger's paragraph 27 is referred to in, Peracomo Inc. v. Telus Communications Co., 2014 SCC 29, (paragraph 57) in defining «willful misconduct» as being, «doing something which is wrong knowing it to be wrong or with reckless indifference»; «reckless» means «an awareness of the duty to act or a subjective recklessness as to the existence of the duty.»

Heffernan would have us believe willful blindness is endemic in all aspects of our lives — whether it's the refusal to believe our spouse is having an affair, or to see illegal misconduct in the workplace.

In addition, indemnification provisions typically will not extend to cover the negligent acts or willful misconduct of a sponsor or its representatives.

Damage or loss caused because of nuclear perils, war, invasion, act of foreign enemy, hostilities, pollution, contamination, deliberate misconduct or negligence, willful property destruction, normal wear and tear, gradual deterioration and similar such gradually developing flaws are all excluded under this plan.

(2) The Unexpected death of the Relative or the substantial destruction of the residence must have occurred during the Period of Coverage and was not caused by, due to, or a result of negligence or willful misconduct by the Insured Person; and

RELEVANT EXPERIENCE Attorney Contractor for Workers» Compensation Brought in to assist in all employer defense cases on multi-claim, multidiscipline and multiparty case issues that include defense / prosecution of actions brought under CA Labor Code Section 132 (a), Serious and Willful Misconduct, Third Party Credit and Employer Contribution issues, overlap between Workers» Compensation / Social Security including Medicare set aside trust and overpayment issues.

Education Code «48904 provides for a parent's liability for a child's willful misconduct or vandalism of school property up to an amount of $ 7,500.00.

Ladies and gentlemen of the jury, this case isn't about willful misconduct.

The waiver provision, in relevant part, states that «[e] very member, for and in consideration of his right to invoke arbitration proceedings and to initiate complaints under the Code of Ethics as a member of the NATIONAL ASSOCIATION OF REALTORS ®, hereby waives any right of action against the Board... arising out of any decisions, determinations, or other action taken or rendered under these procedures in the absence of willful and wanton misconduct.&raquof his right to invoke arbitration proceedings and to initiate complaints under the Code of Ethics as a member of the NATIONAL ASSOCIATION OF REALTORS ®, hereby waives any right of action against the Board... arising out of any decisions, determinations, or other action taken or rendered under these procedures in the absence of willful and wanton misconduct.&raquof Ethics as a member of the NATIONAL ASSOCIATION OF REALTORS ®, hereby waives any right of action against the Board... arising out of any decisions, determinations, or other action taken or rendered under these procedures in the absence of willful and wanton misconduct.&raquof the NATIONAL ASSOCIATION OF REALTORS ®, hereby waives any right of action against the Board... arising out of any decisions, determinations, or other action taken or rendered under these procedures in the absence of willful and wanton misconduct.&raquOF REALTORS ®, hereby waives any right of action against the Board... arising out of any decisions, determinations, or other action taken or rendered under these procedures in the absence of willful and wanton misconduct.&raquof action against the Board... arising out of any decisions, determinations, or other action taken or rendered under these procedures in the absence of willful and wanton misconduct.&raquof any decisions, determinations, or other action taken or rendered under these procedures in the absence of willful and wanton misconduct.&raquof willful and wanton misconduct.»

The Member agreed to be bound by the Code of Ethics when he joined the Association and the Code of Ethics specifically provides that the Member waived the ability to challenge the Association's ethics hearings, absent willful and wanton misconduct.

Since there was no evidence or allegations of willful and wanton misconduct by the Association, the court ruled that the Member had waived the right to challenge the Association's disciplinary procedures and could not circumvent the Association's process through the filing of a lawsuit.