Not exact matches
All of the
plaintiffs claim that teachers are subject to dismissals and
employment actions
based on seriously flawed evaluation methods.
During the trial,
Plaintiffs have presented evidence of the substantial harms imposed on students by California's permanent
employment, dismissal, and seniority -
based layoff laws.
[39]
Based on the required investment in CEVA Investments I find there was at least an implied representation that the
plaintiff was about to embark upon a long - term
employment relationship with the defendant.
A study commissioned by the American Constitution Society reveals that,
based on data from 1979 to 2006,
plaintiffs who brought
employment discrimination suits in federal district courts prevailed only 15 percent of the time, compared to 51 percent for non-
employment related cases.
In 2007, the parties entered into an indefinite term
employment contract under which the
plaintiff's
base salary increased to $ 50,000 and commission increased significantly to between 50 and 65 percent of the value of sales over certain established amounts.
An extreme example of the impact of failing to take reasonable steps to attempt to find new
employment is the 2006 decision of the British Columbia Superior Court in Cimpan v. Kolumbia Inn Daycare Society.1 Justice Truscott found that the
plaintiff had been wrongfully dismissed and,
based on the relevant common law factors, held that the
plaintiff was entitled to nine months reasonable notice of dismissal.
The Los Angeles -
based Law Offices of Lisa L. Maki is a nationally recognized litigation firm with Los Angeles
employment attorneys focused on offering confidential legal guidance and dedicated representation in
plaintiff, complex business and personal injury litigation,
employment law, class action, wage and hour, discrimination and harassment, and unfair business practices claims.
In Morison v. Ergo - Industrial Seating Systems Inc., 2016 ONSC 6725, for example, the Superior Court awarded the
Plaintiff $ 50,000 in punitive damages after finding that the employer's allegation that it terminated the
Plaintiff's
employment for cause lacked a reasonable
basis and was done for purely tactical purposes.
This is accomplished by building a case
based on the
plaintiff's entire medical, social and
employment history, retaining well - respected experts who are provided with all information required to provide a fully informed opinion and ensuring that the
plaintiff is fully prepared for the discovery process.
The court held that it had jurisdiction to hear the dispute as the Human Resources Manager for Four Seasons Hotel Limited, which was
based in Toronto, had a real and substantial connection to the
plaintiff's
employment at the Nevis resort sales office in New York.
Fern Trevino has been ranked as one of the top three leading
plaintiffs»
employment lawyers in Chicago by Leading Lawyer Network and as one of the top 50 women practicing law in Illinois,
based upon surveys.
In the recent case (Davidge v. Fairholm) the
Plaintiff, who was injured in a collision, asked for anonymity on the basis that «publishing the plaintiff's name might hurt him in his employment, as his employer might treat him differently after learning about his medica
Plaintiff, who was injured in a collision, asked for anonymity on the
basis that «publishing the
plaintiff's name might hurt him in his employment, as his employer might treat him differently after learning about his medica
plaintiff's name might hurt him in his
employment, as his employer might treat him differently after learning about his medical issues.
The Court
based its decision on the fact that the employer's offer to the
plaintiff to return to work did not provide for her to «made whole» because the employer did not offer to pay the
plaintiff from the date of her dismissal to the date she was to resume her
employment (a period of approximately one month).
In refusing to grant summary judgment fixing the applicable notice period and dismissing the
plaintiff employee's claims for moral and punitive damages in a termination without cause case, the Honourable Justice Margaret Eberhard in the case of Brownson v. Honda of Canada Mfg., 2013 ONSC 896, leave to appeal refused 2013 ONSC 6974, held that the answer may be that no, the employer can not terminate the employee's
employment on a without cause
basis with impunity.
The
employment contract documents in evidence simply showed that the
plaintiff was entitled to receive credit on a semi-annual
basis for sick leave not used, to be offset by payment of wages for time away from work due to accident or injury.