Sentences with phrase «prove willful misconduct»

It is typically very difficult for an employer to prove willful misconduct or cause.

Not exact matches

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).

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.»

You can seek additional damages by filing a personal injury claim if you can prove that your employer engaged in serious and willful misconduct.

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