Sentences with phrase «term employment agreement»

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.
This will allow the employer to terminate a fixed - term employment agreement with a minimal penalty.
Employers should also consider the Ontario Court of Appeal's decision in Howard v. Benson Group Inc. (see our previous blog post here) when drafting termination provisions in fixed term employment agreements.
Yet another Canadian appellate decision has confirmed that employers who do not provide for the early termination of fixed - term employment agreements do so at their peril.
Drafting fixed - term employment agreements with enforceable «early out» provisions.
Employers should exercise caution in drafting fixed - term employment agreements, particularly with respect to provisions designed to shorten the term of the agreement.
In its recent decision, Howard v Benson, the Ontario Court of Appeal has dramatically increased the potential severance liability for employers of using fixed term employment agreements by holding that the employer must pay compensation over the full balance of the term with no reduction for re-employment income earned by the employee.
In its recent decision, Howard v. Benson, the Ontario Court of Appeal dramatically increased the potential severance liability for employers using fixed term employment agreements by holding that the employer must pay compensation over the full balance of the term with no reduction for re-employment income earned by the employee.

Not exact matches

While it's possible the terms of his employment agreement with (and departure from) Facebook could prevent him from taking an active role at a competitor (or any company in the virtual reality space) for several months (or even years), he could reassume his public presence as an advocate for VR technology and its larger potential.
For a detailed description of the terms of the employment agreements, see «Employment and Other Compensation Agreements» beginning onemployment agreements, see «Employment and Other Compensation Agreements» beginning onagreements, see «Employment and Other Compensation Agreements» beginning onEmployment and Other Compensation Agreements» beginning onAgreements» beginning on page 115.
As described beginning on page 20 of this proxy statement, the employment agreements generally define the executive's position, specify a minimum base salary, and provide for participation in our annual and long - term incentive plans, as well as other benefits.
If we terminate Mr. Drexler's employment without cause or he terminates his employment with good reason, Mr. Drexler will be entitled to receive (i) a payment of his earned but unpaid annual base salary through the termination date, any accrued vacation pay and any un-reimbursed expenses, and (ii) subject to Mr. Drexler's execution of a valid general release and waiver of claims against us, as well as his compliance with the non-competition, non-solicitation and confidential information restrictions described below, (a) a payment equal to his annual base salary and target cash incentive award, one - half of such payment to be paid on the first business day that is six (6) months and one (1) day following the termination date and the remaining one - half of such payment to be paid in six equal monthly installments commencing on the first business day of the seventh calendar month following the termination date, (b) a payment equal to the product of (x) the last annual cash incentive award Mr. Drexler received prior to the termination date and (y) a fraction, the numerator of which is the number of days of service completed by Mr. Drexler in the year of termination and the denominator of which is 365, such amount to be paid on the first business day that is six (6) months and one (1) day following the termination date, and (c) the immediate vesting of such portion of unvested restricted shares and stock options as provided and pursuant to the terms of the relevant grant agreements under our 2003 Equity Incentive Plan.
Except for those executives who have an employment agreement that expressly provides for payment of an Award under the Bonus Plan in limited circumstances, in the event a participant's employment is terminated for any reason prior to the date of payment of an Award under the Bonus Plan, such participant will not be entitled to any bonus under the Bonus Plan, provided that in the event that a participant's employment terminates during the performance period due to (i) death or (ii) disability, the Committee may, at its sole discretion, authorize the Company to pay, on a prorated basis, an Award determined in accordance with the terms and conditions of Bonus Plan.
During 2014, the employment of our named executive officers was not subject to the terms and conditions of any employment agreements.
This appointment follows the termination of Dov Charney, former President and Chief Executive Officer, for cause in accordance with the terms of his employment agreement.
For a description of the terms and conditions of such employment agreements, please see the section entitled» — New Employment Agreements and Incentive Plans&raqemployment agreements, please see the section entitled» — New Employment Agreements and Incentive Plans&raqagreements, please see the section entitled» — New Employment Agreements and Incentive Plans&raqEmployment Agreements and Incentive Plans&raqAgreements and Incentive Plans» below.
Specifically, benefits subject to the HP Severance Policy include: (a) separation payments based on a multiplier of salary plus target bonus, or cash amounts payable for the uncompleted portion of employment agreements; (b) any gross - up payments made in connection with severance, retirement or similar payments, including any gross - up payments with respect to excess parachute payments under Section 280G of the Code; (c) the value of any service period credited to a Section 16 officer in excess of the period of service actually provided by such Section 16 officer for purposes of any employee benefit plan; (d) the value of benefits and perquisites that are inconsistent with HP Co.'s practices applicable to one or more groups of HP Co. employees in addition to, or other than, the Section 16 officers («Company Practices»); and (e) the value of any accelerated vesting of any stock options, stock appreciation rights, restricted stock or long - term cash incentives that is inconsistent with Company Practices.
«The vesting of each executive's awards will accelerate upon termination of his employment for any reason (including a resignation for good reason) other than cause, death or disability (as such terms are defined in such executive's employment agreement) if such termination takes place upon or within two years following a change in control (as defined in such executive's employment agreement) that occurs during the term of his employment agreement and such executive signs a general waiver and release that has become effective.»
So if you are going to let someone see your secrets, you need to document that and tell them what will happen if they don't follow the terms — that means having Confidentiality Agreements with third parties and if you have employees you need to ensure that their contracts of employment deal with the position of them stealing your secrets.
continues to apply to the terms and conditions of employment of a transferred employee until those terms and conditions are varied by agreement between the transferred employee and the new Electoral Commission; but
[x] In that case, the board held that, following the expiration of a contract, public employers were prohibited from altering terms and conditions of employment while negotiating a successor agreement.
The committee had originally been charged with implementing improvements in the terms and conditions of employment of CRS as noted in a university - government agreement known as the Concordat.
Under such a scheme all new postgraduates would get to meet representatives of the university and student union leadership, and would be given full information on their terms of employment, pension agreements, illness allowance, insurance, and so forth.
Increases the required notice from five days to 30 days when a K - 12 public school teacher terminates employment before the first day of the school term for students; an exception is permitted upon mutual agreement.
The Faculty - Student Senate shall concern itself with issues which do not impinge upon the Terms and Conditions of employment of Bargaining Unit Members as covered in The Cooper Union's Agreement with the CUFCT.
In terms of overall employment, the agreement ends up killing more than 300,000 jobs by 2035.
Workforce Protection: There will be continued employment at the plant throughout the closure process (through 2021), and under the terms of its agreement with New York State, Entergy has committed to offer plant employees new jobs at other facilities.
It's common for workers to sign an agreement that lays out the terms of their employment.
Alfred's employment agreement would lay out the terms of what it means to be Bruce Wayne's butler.
We can assist you seeking an injunction to restrain a party from breaching their fiduciary obligations or the terms of a shareholders» or employment agreement.
It is strongly recommended that employers expressly lay out the agreed terms and conditions of the employment relationship, whether in letter form or in a formal agreement.
Substantial experience in structuring, drafting, negotiating and reviewing commercial contracts and agreements, including, but not limited to: Merger Agreements, Stock Purchase Agreements, Membership Interest Purchase Agreements, Asset Purchase Agreements, Loan Agreements / Credit Facilities, Employment Agreements, Transition Services Agreements, Supply Agreements, Management Agreements, Non-Compete Agreements / Convenants Not to Compete, Non-Disclosure Agreements / Confidentiality Agreements, Buy - Sell Agreements / Shareholder Agreements, Partnership Agreements, Articles / Certificates of Organization, Operating Agreements / Limited Liability Company Agreements, Articles / Certificates of Incorporation, Bylaws, «No - Raid» Agreements, Promissory Notes, Lease Agreements, Letters of Intent, Term Sheets, Warrants, Stock Option Plans and Grant Agreements, Phantom Stock Plans, and similar contracts and agreements for commercial transactions and business arragreements, including, but not limited to: Merger Agreements, Stock Purchase Agreements, Membership Interest Purchase Agreements, Asset Purchase Agreements, Loan Agreements / Credit Facilities, Employment Agreements, Transition Services Agreements, Supply Agreements, Management Agreements, Non-Compete Agreements / Convenants Not to Compete, Non-Disclosure Agreements / Confidentiality Agreements, Buy - Sell Agreements / Shareholder Agreements, Partnership Agreements, Articles / Certificates of Organization, Operating Agreements / Limited Liability Company Agreements, Articles / Certificates of Incorporation, Bylaws, «No - Raid» Agreements, Promissory Notes, Lease Agreements, Letters of Intent, Term Sheets, Warrants, Stock Option Plans and Grant Agreements, Phantom Stock Plans, and similar contracts and agreements for commercial transactions and business arrAgreements, Stock Purchase Agreements, Membership Interest Purchase Agreements, Asset Purchase Agreements, Loan Agreements / Credit Facilities, Employment Agreements, Transition Services Agreements, Supply Agreements, Management Agreements, Non-Compete Agreements / Convenants Not to Compete, Non-Disclosure Agreements / Confidentiality Agreements, Buy - Sell Agreements / Shareholder Agreements, Partnership Agreements, Articles / Certificates of Organization, Operating Agreements / Limited Liability Company Agreements, Articles / Certificates of Incorporation, Bylaws, «No - Raid» Agreements, Promissory Notes, Lease Agreements, Letters of Intent, Term Sheets, Warrants, Stock Option Plans and Grant Agreements, Phantom Stock Plans, and similar contracts and agreements for commercial transactions and business arrAgreements, Membership Interest Purchase Agreements, Asset Purchase Agreements, Loan Agreements / Credit Facilities, Employment Agreements, Transition Services Agreements, Supply Agreements, Management Agreements, Non-Compete Agreements / Convenants Not to Compete, Non-Disclosure Agreements / Confidentiality Agreements, Buy - Sell Agreements / Shareholder Agreements, Partnership Agreements, Articles / Certificates of Organization, Operating Agreements / Limited Liability Company Agreements, Articles / Certificates of Incorporation, Bylaws, «No - Raid» Agreements, Promissory Notes, Lease Agreements, Letters of Intent, Term Sheets, Warrants, Stock Option Plans and Grant Agreements, Phantom Stock Plans, and similar contracts and agreements for commercial transactions and business arrAgreements, Asset Purchase Agreements, Loan Agreements / Credit Facilities, Employment Agreements, Transition Services Agreements, Supply Agreements, Management Agreements, Non-Compete Agreements / Convenants Not to Compete, Non-Disclosure Agreements / Confidentiality Agreements, Buy - Sell Agreements / Shareholder Agreements, Partnership Agreements, Articles / Certificates of Organization, Operating Agreements / Limited Liability Company Agreements, Articles / Certificates of Incorporation, Bylaws, «No - Raid» Agreements, Promissory Notes, Lease Agreements, Letters of Intent, Term Sheets, Warrants, Stock Option Plans and Grant Agreements, Phantom Stock Plans, and similar contracts and agreements for commercial transactions and business arrAgreements, Loan Agreements / Credit Facilities, Employment Agreements, Transition Services Agreements, Supply Agreements, Management Agreements, Non-Compete Agreements / Convenants Not to Compete, Non-Disclosure Agreements / Confidentiality Agreements, Buy - Sell Agreements / Shareholder Agreements, Partnership Agreements, Articles / Certificates of Organization, Operating Agreements / Limited Liability Company Agreements, Articles / Certificates of Incorporation, Bylaws, «No - Raid» Agreements, Promissory Notes, Lease Agreements, Letters of Intent, Term Sheets, Warrants, Stock Option Plans and Grant Agreements, Phantom Stock Plans, and similar contracts and agreements for commercial transactions and business arrAgreements / Credit Facilities, Employment Agreements, Transition Services Agreements, Supply Agreements, Management Agreements, Non-Compete Agreements / Convenants Not to Compete, Non-Disclosure Agreements / Confidentiality Agreements, Buy - Sell Agreements / Shareholder Agreements, Partnership Agreements, Articles / Certificates of Organization, Operating Agreements / Limited Liability Company Agreements, Articles / Certificates of Incorporation, Bylaws, «No - Raid» Agreements, Promissory Notes, Lease Agreements, Letters of Intent, Term Sheets, Warrants, Stock Option Plans and Grant Agreements, Phantom Stock Plans, and similar contracts and agreements for commercial transactions and business arrAgreements, Transition Services Agreements, Supply Agreements, Management Agreements, Non-Compete Agreements / Convenants Not to Compete, Non-Disclosure Agreements / Confidentiality Agreements, Buy - Sell Agreements / Shareholder Agreements, Partnership Agreements, Articles / Certificates of Organization, Operating Agreements / Limited Liability Company Agreements, Articles / Certificates of Incorporation, Bylaws, «No - Raid» Agreements, Promissory Notes, Lease Agreements, Letters of Intent, Term Sheets, Warrants, Stock Option Plans and Grant Agreements, Phantom Stock Plans, and similar contracts and agreements for commercial transactions and business arrAgreements, Supply Agreements, Management Agreements, Non-Compete Agreements / Convenants Not to Compete, Non-Disclosure Agreements / Confidentiality Agreements, Buy - Sell Agreements / Shareholder Agreements, Partnership Agreements, Articles / Certificates of Organization, Operating Agreements / Limited Liability Company Agreements, Articles / Certificates of Incorporation, Bylaws, «No - Raid» Agreements, Promissory Notes, Lease Agreements, Letters of Intent, Term Sheets, Warrants, Stock Option Plans and Grant Agreements, Phantom Stock Plans, and similar contracts and agreements for commercial transactions and business arrAgreements, Management Agreements, Non-Compete Agreements / Convenants Not to Compete, Non-Disclosure Agreements / Confidentiality Agreements, Buy - Sell Agreements / Shareholder Agreements, Partnership Agreements, Articles / Certificates of Organization, Operating Agreements / Limited Liability Company Agreements, Articles / Certificates of Incorporation, Bylaws, «No - Raid» Agreements, Promissory Notes, Lease Agreements, Letters of Intent, Term Sheets, Warrants, Stock Option Plans and Grant Agreements, Phantom Stock Plans, and similar contracts and agreements for commercial transactions and business arrAgreements, Non-Compete Agreements / Convenants Not to Compete, Non-Disclosure Agreements / Confidentiality Agreements, Buy - Sell Agreements / Shareholder Agreements, Partnership Agreements, Articles / Certificates of Organization, Operating Agreements / Limited Liability Company Agreements, Articles / Certificates of Incorporation, Bylaws, «No - Raid» Agreements, Promissory Notes, Lease Agreements, Letters of Intent, Term Sheets, Warrants, Stock Option Plans and Grant Agreements, Phantom Stock Plans, and similar contracts and agreements for commercial transactions and business arrAgreements / Convenants Not to Compete, Non-Disclosure Agreements / Confidentiality Agreements, Buy - Sell Agreements / Shareholder Agreements, Partnership Agreements, Articles / Certificates of Organization, Operating Agreements / Limited Liability Company Agreements, Articles / Certificates of Incorporation, Bylaws, «No - Raid» Agreements, Promissory Notes, Lease Agreements, Letters of Intent, Term Sheets, Warrants, Stock Option Plans and Grant Agreements, Phantom Stock Plans, and similar contracts and agreements for commercial transactions and business arrAgreements / Confidentiality Agreements, Buy - Sell Agreements / Shareholder Agreements, Partnership Agreements, Articles / Certificates of Organization, Operating Agreements / Limited Liability Company Agreements, Articles / Certificates of Incorporation, Bylaws, «No - Raid» Agreements, Promissory Notes, Lease Agreements, Letters of Intent, Term Sheets, Warrants, Stock Option Plans and Grant Agreements, Phantom Stock Plans, and similar contracts and agreements for commercial transactions and business arrAgreements, Buy - Sell Agreements / Shareholder Agreements, Partnership Agreements, Articles / Certificates of Organization, Operating Agreements / Limited Liability Company Agreements, Articles / Certificates of Incorporation, Bylaws, «No - Raid» Agreements, Promissory Notes, Lease Agreements, Letters of Intent, Term Sheets, Warrants, Stock Option Plans and Grant Agreements, Phantom Stock Plans, and similar contracts and agreements for commercial transactions and business arrAgreements / Shareholder Agreements, Partnership Agreements, Articles / Certificates of Organization, Operating Agreements / Limited Liability Company Agreements, Articles / Certificates of Incorporation, Bylaws, «No - Raid» Agreements, Promissory Notes, Lease Agreements, Letters of Intent, Term Sheets, Warrants, Stock Option Plans and Grant Agreements, Phantom Stock Plans, and similar contracts and agreements for commercial transactions and business arrAgreements, Partnership Agreements, Articles / Certificates of Organization, Operating Agreements / Limited Liability Company Agreements, Articles / Certificates of Incorporation, Bylaws, «No - Raid» Agreements, Promissory Notes, Lease Agreements, Letters of Intent, Term Sheets, Warrants, Stock Option Plans and Grant Agreements, Phantom Stock Plans, and similar contracts and agreements for commercial transactions and business arrAgreements, Articles / Certificates of Organization, Operating Agreements / Limited Liability Company Agreements, Articles / Certificates of Incorporation, Bylaws, «No - Raid» Agreements, Promissory Notes, Lease Agreements, Letters of Intent, Term Sheets, Warrants, Stock Option Plans and Grant Agreements, Phantom Stock Plans, and similar contracts and agreements for commercial transactions and business arrAgreements / Limited Liability Company Agreements, Articles / Certificates of Incorporation, Bylaws, «No - Raid» Agreements, Promissory Notes, Lease Agreements, Letters of Intent, Term Sheets, Warrants, Stock Option Plans and Grant Agreements, Phantom Stock Plans, and similar contracts and agreements for commercial transactions and business arrAgreements, Articles / Certificates of Incorporation, Bylaws, «No - Raid» Agreements, Promissory Notes, Lease Agreements, Letters of Intent, Term Sheets, Warrants, Stock Option Plans and Grant Agreements, Phantom Stock Plans, and similar contracts and agreements for commercial transactions and business arrAgreements, Promissory Notes, Lease Agreements, Letters of Intent, Term Sheets, Warrants, Stock Option Plans and Grant Agreements, Phantom Stock Plans, and similar contracts and agreements for commercial transactions and business arrAgreements, Letters of Intent, Term Sheets, Warrants, Stock Option Plans and Grant Agreements, Phantom Stock Plans, and similar contracts and agreements for commercial transactions and business arrAgreements, Phantom Stock Plans, and similar contracts and agreements for commercial transactions and business arragreements for commercial transactions and business arrangements.
Some employers force employees to sign mandatory arbitration agreements as a term of employment (or continued employment) and then use those provisions to force employees» discrimination or sexual harassment cases into arbitration hearings and away from court trials.
Home Employment Law Great expectations: BC Court of Appeal confirms employee entitlement to balance of fixed - term agreement
(j) to interpret and apply human rights and other employment - related statutes, despite any conflict between those statutes and the terms of the collective agreement.
To build strong relationships and limit liability, you'll want to put employment agreements and terms of employment in writing, document company policies, and develop open lines of communication.
Not all new hires need to sign an Employment Agreement, but it's a good idea to have in writing some sort of written acknowledgement of terms and conditions.
«Given some of the decisions that have come out of the Court of Appeal which have required pretty high standards for employers in terms of drafting employment agreement language, it was encouraging to see the court unanimously uphold the language that the parties negotiated in this case,» says Susan Crawford, of Crawford Chondon & Partners LLP who represented Money Mart in Kielb v. National Money Mart Company.
Mr. Krishnamoorthy refused the offer, arguing that the employment agreement was unenforceable because Olympus Canada had failed to provide Mr. Krishnamoorthy with consideration for altering the terms on which Carsen had employed him.
Our lawyers negotiate, draft and provide counsel with regard to contractor and employment agreements, software as a service agreements, website terms of use, license agreements, transfer agreements, appearance releases, and other agreements that involve the development and exploitation of copyright rights and / or rights of publicity.
A severance package is binding agreement between an employer and its ex-employee that detail specific terms, conditions and obligations that come into effect at the conclusion of the employment relationship.
This decision confirms the importance of well - drafted employment contracts and the value of severance clauses which allow for any terms later rendered illegal to be excised without impacting the enforceability of the entire agreement.
Mr. Boyd negotiates, structures, and drafts IP licensing, development, privacy, terms of use, and employment agreements for multiple game and high technology media publishers and developers.
While employers are encouraged to draft more precise probationary clauses for employment agreements, this case affirms that the term «probation» has a well - established meaning that permits an employer to terminate an employee without reasonable notice after making a good faith assessment about his or her suitability for a position where a probationary clause has been included in the employment contract.
The Court held that where an employment agreement stipulates a fixed term of notice or payment in lieu there is no obligation on the employee to mitigate his or her damages, unless the contract clearly and specifically indicates otherwise.
The employee was hired for a 5 year term pursuant to a written employment agreement.
Although many employment agreements contain unique terms, it is suggested that, in drafting an employment agreement, consideration should be given to the basic terms set out below:
In 1986 the plaintiff was dismissed and the issue was whether the employment agreement effectively varied the implied term of reasonable notice at common law.
Term of Agreement — Many employment agreements will contain a provision specifying a fixed term for the agreemTerm of Agreement — Many employment agreements will contain a provision specifying a fixed term for the aAgreement — Many employment agreements will contain a provision specifying a fixed term for the agreemterm for the agreementagreement.
Enacted on July 12, 2016, R.I. Gen. Laws § 5-37-33 declares void and unenforceable «[a] ny contract or agreement that creates the terms of a partnership, employment, or any other form of professional relationship with a physician licensed to practice medicine pursuant to [chapter 37 of title 5 of the Rhode Island General Laws] that includes any restriction on the right to practice medicine.»
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