Sentences with phrase «termination of an employee without»

Not exact matches

In the case of termination without cause, the employee is generally entitled to notice or some sort of severance package.

Many employees who engage in this sort of behaviour using company mobile devices or laptops realize when it's too late that evidence can be extracted from those devices without their consent, then used as evidence to justify their termination.

(a) Schedule 2.7 (a) of the Disclosure Schedule contains a list setting forth each employee benefit plan, program, policy or arrangement (including any «employee benefit plan» as defined in Section 3 (3) of the Employee Retirement Income Security Act of 1974, as amended («ERISA»)(«ERISA Plan»)-RRB-, including, without limitation, employee pension benefit plans, as defined in Section 3 (2) of ERISA, multi-employer plans, as defined in Section 3 (37) of ERISA, employee welfare benefit plans, as defined in Section 3 (1) of ERISA, deferred compensation plans, stock option plans, bonus plans, stock purchase plans, fringe benefit plans, life, hospitalization, disability and other insurance plans, severance or termination pay plans and policies, sick pay plans and vacation plans or arrangements, whether or not an ERISA Plan (including any funding mechanism therefore now in effect or required in the future as a result of the transactions contemplated by this Agreement or otherwise), whether formal or informal, oral or written, under which (i) any current or former employee, director or individual consultant of the Company (collectively, the «Company Employees») has any present or future right to benefits and which are contributed to, sponsored by or maintained by the Company or (ii) the Company or any ERISA Affiliate (as hereinafter defined) has had, has or may have any actual or contingent present or future liability or oblemployee benefit plan, program, policy or arrangement (including any «employee benefit plan» as defined in Section 3 (3) of the Employee Retirement Income Security Act of 1974, as amended («ERISA»)(«ERISA Plan»)-RRB-, including, without limitation, employee pension benefit plans, as defined in Section 3 (2) of ERISA, multi-employer plans, as defined in Section 3 (37) of ERISA, employee welfare benefit plans, as defined in Section 3 (1) of ERISA, deferred compensation plans, stock option plans, bonus plans, stock purchase plans, fringe benefit plans, life, hospitalization, disability and other insurance plans, severance or termination pay plans and policies, sick pay plans and vacation plans or arrangements, whether or not an ERISA Plan (including any funding mechanism therefore now in effect or required in the future as a result of the transactions contemplated by this Agreement or otherwise), whether formal or informal, oral or written, under which (i) any current or former employee, director or individual consultant of the Company (collectively, the «Company Employees») has any present or future right to benefits and which are contributed to, sponsored by or maintained by the Company or (ii) the Company or any ERISA Affiliate (as hereinafter defined) has had, has or may have any actual or contingent present or future liability or oblemployee benefit plan» as defined in Section 3 (3) of the Employee Retirement Income Security Act of 1974, as amended («ERISA»)(«ERISA Plan»)-RRB-, including, without limitation, employee pension benefit plans, as defined in Section 3 (2) of ERISA, multi-employer plans, as defined in Section 3 (37) of ERISA, employee welfare benefit plans, as defined in Section 3 (1) of ERISA, deferred compensation plans, stock option plans, bonus plans, stock purchase plans, fringe benefit plans, life, hospitalization, disability and other insurance plans, severance or termination pay plans and policies, sick pay plans and vacation plans or arrangements, whether or not an ERISA Plan (including any funding mechanism therefore now in effect or required in the future as a result of the transactions contemplated by this Agreement or otherwise), whether formal or informal, oral or written, under which (i) any current or former employee, director or individual consultant of the Company (collectively, the «Company Employees») has any present or future right to benefits and which are contributed to, sponsored by or maintained by the Company or (ii) the Company or any ERISA Affiliate (as hereinafter defined) has had, has or may have any actual or contingent present or future liability or oblEmployee Retirement Income Security Act of 1974, as amended («ERISA»)(«ERISA Plan»)-RRB-, including, without limitation, employee pension benefit plans, as defined in Section 3 (2) of ERISA, multi-employer plans, as defined in Section 3 (37) of ERISA, employee welfare benefit plans, as defined in Section 3 (1) of ERISA, deferred compensation plans, stock option plans, bonus plans, stock purchase plans, fringe benefit plans, life, hospitalization, disability and other insurance plans, severance or termination pay plans and policies, sick pay plans and vacation plans or arrangements, whether or not an ERISA Plan (including any funding mechanism therefore now in effect or required in the future as a result of the transactions contemplated by this Agreement or otherwise), whether formal or informal, oral or written, under which (i) any current or former employee, director or individual consultant of the Company (collectively, the «Company Employees») has any present or future right to benefits and which are contributed to, sponsored by or maintained by the Company or (ii) the Company or any ERISA Affiliate (as hereinafter defined) has had, has or may have any actual or contingent present or future liability or oblemployee pension benefit plans, as defined in Section 3 (2) of ERISA, multi-employer plans, as defined in Section 3 (37) of ERISA, employee welfare benefit plans, as defined in Section 3 (1) of ERISA, deferred compensation plans, stock option plans, bonus plans, stock purchase plans, fringe benefit plans, life, hospitalization, disability and other insurance plans, severance or termination pay plans and policies, sick pay plans and vacation plans or arrangements, whether or not an ERISA Plan (including any funding mechanism therefore now in effect or required in the future as a result of the transactions contemplated by this Agreement or otherwise), whether formal or informal, oral or written, under which (i) any current or former employee, director or individual consultant of the Company (collectively, the «Company Employees») has any present or future right to benefits and which are contributed to, sponsored by or maintained by the Company or (ii) the Company or any ERISA Affiliate (as hereinafter defined) has had, has or may have any actual or contingent present or future liability or oblemployee welfare benefit plans, as defined in Section 3 (1) of ERISA, deferred compensation plans, stock option plans, bonus plans, stock purchase plans, fringe benefit plans, life, hospitalization, disability and other insurance plans, severance or termination pay plans and policies, sick pay plans and vacation plans or arrangements, whether or not an ERISA Plan (including any funding mechanism therefore now in effect or required in the future as a result of the transactions contemplated by this Agreement or otherwise), whether formal or informal, oral or written, under which (i) any current or former employee, director or individual consultant of the Company (collectively, the «Company Employees») has any present or future right to benefits and which are contributed to, sponsored by or maintained by the Company or (ii) the Company or any ERISA Affiliate (as hereinafter defined) has had, has or may have any actual or contingent present or future liability or oblemployee, director or individual consultant of the Company (collectively, the «Company Employees») has any present or future right to benefits and which are contributed to, sponsored by or maintained by the Company or (ii) the Company or any ERISA Affiliate (as hereinafter defined) has had, has or may have any actual or contingent present or future liability or obligation.

Actual results may vary materially from those expressed or implied by forward - looking statements based on a number of factors, including, without limitation: (1) risks related to the consummation of the Merger, including the risks that (a) the Merger may not be consummated within the anticipated time period, or at all, (b) the parties may fail to obtain shareholder approval of the Merger Agreement, (c) the parties may fail to secure the termination or expiration of any waiting period applicable under the HSR Act, (d) other conditions to the consummation of the Merger under the Merger Agreement may not be satisfied, (e) all or part of Arby's financing may not become available, and (f) the significant limitations on remedies contained in the Merger Agreement may limit or entirely prevent BWW from specifically enforcing Arby's obligations under the Merger Agreement or recovering damages for any breach by Arby's; (2) the effects that any termination of the Merger Agreement may have on BWW or its business, including the risks that (a) BWW's stock price may decline significantly if the Merger is not completed, (b) the Merger Agreement may be terminated in circumstances requiring BWW to pay Arby's a termination fee of $ 74 million, or (c) the circumstances of the termination, including the possible imposition of a 12 - month tail period during which the termination fee could be payable upon certain subsequent transactions, may have a chilling effect on alternatives to the Merger; (3) the effects that the announcement or pendency of the Merger may have on BWW and its business, including the risks that as a result (a) BWW's business, operating results or stock price may suffer, (b) BWW's current plans and operations may be disrupted, (c) BWW's ability to retain or recruit key employees may be adversely affected, (d) BWW's business relationships (including, customers, franchisees and suppliers) may be adversely affected, or (e) BWW's management's or employees» attention may be diverted from other important matters; (4) the effect of limitations that the Merger Agreement places on BWW's ability to operate its business, return capital to shareholders or engage in alternative transactions; (5) the nature, cost and outcome of pending and future litigation and other legal proceedings, including any such proceedings related to the Merger and instituted against BWW and others; (6) the risk that the Merger and related transactions may involve unexpected costs, liabilities or delays; (7) other economic, business, competitive, legal, regulatory, and / or tax factors; and (8) other factors described under the heading «Risk Factors» in Part I, Item 1A of BWW's Annual Report on Form 10 - K for the fiscal year ended December 25, 2016, as updated or supplemented by subsequent reports that BWW has filed or files with the SEC.

Mr. Mensah, however, does not have the power to take «major administrative decisions such as promotion, termination of appointment, dismissal or engagement of new employees without the consent of the Board.»

Any district school board employee who is willfully absent from duty without leave shall forfeit compensation for the time of such absence, and his or her employment shall be subject to termination by the district school board.

The OverDrive integration will allow for the checkout of ebooks from within Millennium or Sierra without jumping to the OverDrive interface; the June rollout of Decision Center, the company's new data - driven collection management tool that will compete with collectionHQ's product; a wave of hiring backed by the new investors, which has already increased the staff by 20 so far this year and will add another 40 by the end of the year (mostly in development and support), according to Massana, pushing the company past 400 employees; the creation of five «library relations managers» who serve as customer advocates at III; the complete integration of SkyRiver Technology Solutions into III along with the termination of SkyRiver's suit against OCLC on March 4.

An employee is wrongfully dismissed if they've been fired without reason or just cause and have not been given reasonable notice of termination or pay in lieu, commonly described as a severance package.

When an employee's employment is terminated without cause, in the absence of an enforceable termination provision in an employment agreement, the employee will be entitled to reasonable notice of termination of employment at common law.

(6) Where a collective agreement referred to in subsection (4) or (5) provides that it will continue to operate for a further term or successive terms if either party fails to give to the other notice of termination or of its desire to bargain with a view to the renewal, with or without modifications, of the agreement or to the making of a new agreement, a trade union may apply to the Board for certification as bargaining agent of any of the employees in the bargaining unit defined in the agreement during the further term or successive terms only during the last three months of each year that it so continues to operate, or after the commencement of the last three months of its operation, as the case may be.

Non-Compete: The Employee shall not, either during his or her employment or for a period of twelve (12) months following the termination of his or her employment for any reason including resignation, without the prior written consent of the Company, carry on, or be engaged in, or be concerned with, or interested in, or employed by, any person engaged in or concerned with or interested in a business which is the same as, or substantially similar to, or in competition with, the Company's business at the time of any such termination within a radius of seventy - five (75) kilometres from any Company or Affiliated Corporation office where the Employee was employed during the last twelve (12) months of his or her employment.

There can, however, be confusion as to what type of notice of termination is required when an employer fires a probationary employee without cause — an issue the Ontario Court -LSB-...]

The Employment Standards Code provides that an employee can not receive less than the prescribed amount of severance in the event of without - cause termination.

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.

From an employer's perspective, a properly worded termination provision addressing what is to be paid to the employee in the event of a termination without cause can result in a very significant saving.

Pre-Oudin there was an accepted «rule book» about required language for employees to contract out of their entitlement to common law notice of termination of employment — and to restrict themselves to statutory minimums under the Employment Standards Act, 2000 — without offending the ESA.

It is extremely likely that, in the absence of an express term setting out the legal rights and obligations of employer and employee (a factor considered in Four Seasons Healthcare Ltd v Maughan [2005] IRLR 324, [2005] All ER (D) 24 (Jan) in relation to suspension without pay prior to conviction) an employee's unavailability for work would lead to automatic termination of the contract under the doctrine of frustration.

Where a collective agreement referred to in subsection (2) or (3) provides that it will continue to operate for any further term or successive terms if either party fails to give to the other notice of termination or of its desire to bargain with a view to renewal, with or without modifications, of the agreement or to the making of a new agreement, another trade union may apply to the board for certification as bargaining agent of any of the employees in the bargaining unit defined in the agreement during the further term or successive terms only during the last two months of each year that it so continues to operate, or after the commencement of the last two months of its operation, as the case may be.

If you are an employer and are faced with serious misconduct by an employee, it is important to be mindful of how the misconduct affects the employment relationship when considering termination without notice or severance pay.

The issue before us arises because the Plaintiffs also contend that the Defendant's conduct is part of an ongoing corporate strategy for getting rid of unwanted employees without giving proper notice of termination, as already disclosed in prior court proceedings.

By agreeing to an employee's entitlements in the event of termination without cause at the beginning of the employment relationship, there will be little to fight about in the event that the relationship does end in a termination without cause.

In the recent decision of Cabott v. Urban Systems Ltd., 2015 YKSC 25; 2016 YKCA 4, the Supreme Court of Yukon awarded a 53 - year - old employee, who had been employed as a professional planner and supervisor for approximately 14 months at the time of her without cause termination, damages reflective of six months of reasonable notice.

Also, claiming after the fact that there was just cause after a without cause termination has already occurred is a dangerous move; employees suffer greatly when they are accused of things at the end of the employment relationship, as it can prevent them from finding new employment.

While the unjust dismissal provisions of the CLC displace the employer's common law right to dismiss employees without cause and without reasons, federally - regulated employers should be aware that non-unionized employees who are nonetheless dismissed without cause can opt to pursue the common law remedy of reasonable notice of termination or pay in lieu via a civil action in court.

In Wilson v. Atomic Energy of Canada Ltd., 2016 SCC 29 («Atomic Energy»), the SCC confirmed that the unjust dismissal provisions of the Canada Labour Code (the «CLC») protect most non-unionized employees in the federal sector from terminations without cause and without reasons.

Aside from pre-negotiated severance agreements (discussed below), when ordinary employees are fired without misconduct, they must receive a fair warning in advance of their termination.

The Court of Appeal held that when the employer terminated a fixed term employment contract, without cause, and there was no enforceable provision for early termination without cause, the employee was entitled to the compensation that he would have received to the end of the employment contract.

For example, if the employment contract does not contain a termination clause the court will find that there is an implied term in the employment contract that the contract may only be terminated by the employer without cause by providing the employee with reasonable notice of notice of dismissal.1 Express and implied terms in a contract are equivalent in effect.2

That means including an employment «pre-nuptial agreement» or «pre-nup» — a contractual limitation on an employee's post-employment entitlements in the event of termination without cause — in your employment agreements.

All too often, employees sign these employment contracts without understanding the significance or meaning of the termination clause.

Until the Ontario Labour Relation Board's decision in Ljuboja v Aim Group Inc, 2013 CanLII 76529 (ON LRB) on November 22, 2013, the answers from this author would have been no, the employee is not seeking the enforcement of the Act, and yes, the employer can legally terminate the employee without the Labour Board deeming the termination as an act of reprisal.

For those employers who use fixed - term contracts, this decision likely means that fixed - term contracts without a renewal clause probably would not need to have a termination clause that would guarantee the employee his or her minimum ESA entitlements beyond the term of the contract.

Often, an employer may seek to limit its liability on termination of employment by requiring the employee to sign a contract which purports to limit the sum which is payable on termination of employment without just cause.

Typically, an employee who is dismissed without cause does not receive advanced warning of the termination of employment.

The Adjudicator decided that he could determine whether the termination was disciplinary or not in his preliminary decision (without reference to the definition of employee) and ultimately found that the termination was not disciplinary but that Mr. Dunsmuir had been denied procedural fairness.

With respect to entitlement on termination of employment, the employment contract provided as follows for a without - cause termination: Regular employees may be terminated at any time without cause upon being given the minimum period of notice prescribed by applicable legislation, or by being paid salary in lieu of such notice of as may otherwise be required by applicable legislation.

The Appellant claims she was an employee and that, under the circumstances, termination of her employment amounts to a constructive dismissal, without notice.

A full contingent of five judges sitting at the Ontario Court of Appeal unanimously ruled that where an employment agreement provides for a stipulated sum upon termination without cause, and is silent as to the employee's obligation to mitigate, the employee will not be required to mitigate.

As a result, when Asphalte Desjardins terminated the employee during the notice period, it unilaterally terminated the employment contract without giving sufficient notice of termination, thereby defaulting on its obligation under article 2091 and triggering ss.

If you discharge an employee who has access to critical company data, let them go without warning (you may have to give them a payment in lieu of notice), and don't allow them any access to a computer after termination.

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.

Finally, when the extensive litigation requiring staff expansion is completed, temporary attorneys can be terminated without the emotional or financial costs which can result from the termination of a full - time employee.

Generally, all non-unionized employees who are dismissed without cause or for redundancy are entitled to notice of that termination or pay in place of notice, known as severance or a layoff package.

The decision is important to those employers who provide working notice of termination without requiring the employee to attend at work.

Age at termination, damages, employment law, long - term employee, mitigation, notice period, reasonable notice, reasonable termination notice, statutory obligations, statutory requirements, Statutory severance, supervisor, termination, termination notice, termination without cause, wrongful dismissal, years of service

Conversion — allows insured employees and their dependents to convert their term life insurance to a permanent life policy without evidence of insurability within 31 days of termination from employment.

Regardless of your reason for termination of employment, employees may have the option to convert their coverage to an individual life insurance policy without evidence of insurability or taking a physical examination.

Our sample word doc Termination Letter Templates helps you in keeping the tone of the letter neutral, providing you with multiple phrases to rationally delineate the reasons behind the termination without launching a full frontal diatribe against thTermination Letter Templates helps you in keeping the tone of the letter neutral, providing you with multiple phrases to rationally delineate the reasons behind the termination without launching a full frontal diatribe against thtermination without launching a full frontal diatribe against the employee.

These central principles inspire us to reach out to those in need and to help heal the whole person - mind, body and spirit.Queen of the Valley Medical Center combines the region's most qualified physicians and staff with the most advanced technology available.Because we have such high standards of care, our programs have been recognized regionally and nationally for their demonstrated success of outcome and care which is par with university hospitals.Queen of the Valley Medical Center provides equal employment opportunities (EEO) to all employees and applicants for employment without regard to race, color, religion, sex, national origin, age, disability or genetics.In addition to federal law requirements, Queen of the Valley Medical Center complies with applicable state and local laws governing nondiscrimination in employment in every location in which the company has facilities.This policy applies to all terms and conditions of employment, including recruiting, hiring, placement, promotion, termination, layoff, recall, transfer, leaves of absence, compensation and training.Positions specified as «on call / per diem» refers to employment consisting of shifts scheduled on as «as needed basis» to fill in for staff vacancies.