Sentences with phrase «termination of an employment agreement»

First of all, I have previously covered off the position that, «When an employer changes terms of an employment agreement that's tantamount to discharge» — I am not suggesting that employers be coy about the discharge, I strongly encourage the actual termination of the employment agreement, so as to avoid any ambiguity as to the situation.

Not exact matches

Ms. Katz's agreement also contains obligations on her part regarding non-competition and non-solicitation of employees following the termination of her employment for any reason, confidential information and non-disparagement of us and our business.

In order to support the continuity of senior leadership, we have employment agreements with Ms. Katz and Messrs. Skinner and Gold which provide, among other things, for payments to the executive following a termination of employment by the executive for «good reason» or a termination of the executive's employment by us without «cause.»

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.

The agreements with Mr. Drexler and Ms. Lyons also provide for accelerated vesting of certain equity awards in connection with certain terminations of employment.

Under each of the Employment Agreements and the Wadle Agreement, we are required to pay severance benefits in connection with certain terminations of eEmployment Agreements and the Wadle Agreement, we are required to pay severance benefits in connection with certain terminations of employmentemployment.

Under these agreements, each NEO has agreed that for a two - year period following his or her termination of employment, he or she will not participate in a business that competes with us and will not solicit our Associates for employment.

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.

«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.»

entered into Change of Control and Retention Agreements with each of the Named Executive Officers that provide them with certain payments and benefits in the event of the termination of their employment within the three - month period prior to, or the 18 month period following, a change of control of the Company (referred to as the «change of control period»).

Pursuant to their respective employment agreements, Messrs. Garutti and Uttz will be subject to certain non-competition and non-solicitation restrictions for a twelve - month period after termination of employment.

As a result of the mutual termination of Nigel Pearson's employment agreement with Derby County any disciplinary process has now ceased.

Chris regularly advises both employees and employers on executive employment agreements, workplace policies, employment standards, termination of employment and human rights issues.

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.

We prepare all required documents, starting from drafting an employment agreement or agreement on its termination to preparing a company's local acts dedicated to various issues related to regulation of labor activities.

More recently, the courts have changed their position on this point; while a sale is still considered to result in termination of employment, the law presumes that an employee of the vendor who is hired by the purchaser is entitled to have his or her time spent in employment with the vendor taken into account for reasonable notice purposes, absent express agreement to the contrary.

Our Labor and Employment attorneys regularly practice in all California State and Federal Courts, providing litigation representation in wage and hour matters, complex class actions, wrongful termination claims, discrimination and harassment disputes, non-solicitation and non-competition actions, enforcement of confidentiality agreements, and in unfair competition actions involving former employees.

A contract is a contract and, as expressed by Chief Justice Winkler on behalf of a unanimous court, «From a practical perspective, it is worth repeating that if parties to an employment agreement specifying a fixed amount of damages intend for mitigation to apply upon termination without cause, they must express that intention in clear and specific language in the contract.»

Our attorneys participate in employment terminations, employee transfers, changes of ownership, entity liquidations, and represent clients in negotiating collective bargaining agreements.

Mr. Voigt has tried cases involving personal injury defense, insurance defense, breach of contract, breach of technology / patent licensing agreements, breach of fiduciary duty, banking practices, Title VII of the Civil Rights Act, and wrongful termination of employment.

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.

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.

Our Labor & Employment attorneys provide advice and representation on a wide range of employment related matters affecting technology and emerging growth companies, including wage / hour compliance (including classification audits), handbooks, policy manuals and drug testing plans, employment and independent contractor agreements, terminations, severance plans and releases, sexual harassment training, protection of trade secrets and confidential business information, leaves of absence and return to work issues, and IP ownership and assignmeEmployment attorneys provide advice and representation on a wide range of employment related matters affecting technology and emerging growth companies, including wage / hour compliance (including classification audits), handbooks, policy manuals and drug testing plans, employment and independent contractor agreements, terminations, severance plans and releases, sexual harassment training, protection of trade secrets and confidential business information, leaves of absence and return to work issues, and IP ownership and assignmeemployment related matters affecting technology and emerging growth companies, including wage / hour compliance (including classification audits), handbooks, policy manuals and drug testing plans, employment and independent contractor agreements, terminations, severance plans and releases, sexual harassment training, protection of trade secrets and confidential business information, leaves of absence and return to work issues, and IP ownership and assignmeemployment and independent contractor agreements, terminations, severance plans and releases, sexual harassment training, protection of trade secrets and confidential business information, leaves of absence and return to work issues, and IP ownership and assignment issues.

In this case, the Panel accepted the agreement of the parties and found that the worker's conduct played a substantial role in the termination of his employment.

Susanne Ingold («Susie») practices in all areas of labor and employment law and litigation, including employment discrimination law, risk management, executive employment contracts, personnel policies and manuals, wrongful termination, trade secrets / non-compete agreements, sexual harassment, drug and alcohol testing, and wage and hour law.

In the employment arena, they represent clients in wage and hour disputes, defend businesses and individuals against claims of discrimination, retaliation and wrongful termination, and litigate disputes relating to non-competition, non-solicitation and confidentiality agreements.

Ms. Alexander - Krom advises employers, employees, and business executives in all aspects of employment - related issues and policies including hiring, FMLA leave and ADA compliance, discrimination, wage and hour, employee terminations, and severance agreements.

Advising a leading online retailer on TUPE implications of the early termination of an outsourcing arrangement including drafting and negotiating the employment aspects of the termination agreement and new supply agreement with the replacement supplier.

[12] At the heart of the present case is the interpretation of the termination clause in Ms. Bergeron's Employment Agreement.

Whittel & Melton handles negotiation and settlement of Severance and Termination Agreements, EEOC charges, State and Federal labor & employment lawsuits, Mediation, Arbitration, Jury and Non Jury or Bench Trials and State and Federal Appeals.

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.

In summary, the Court of Appeal held that where an employment agreement contains a stipulated entitlement on termination without cause, the amount in question is either liquidated damages or a contractual sum.

It found that a fixed term in an employment agreement rebuts the presumption of reasonable notice of termination at common law by providing a clear end date of employment.

The penalty for early termination of a fixed - term agreement is presumptively payment through the unexpired term of the contract or such smaller amount as the parties may agree to, subject to employment standards laws.

Nicholas is regularly instructed to advise on all aspects of employment law, including negotiating and approving termination agreements.

The best way for employers to protect against unanticipated notice liability related to terminations of short service employees is through the preparation and execution of employment agreements which contemplate the amount of notice that the employee will receive upon termination.

She specialises in advising on executive terminations, board level disputes and the employment implications of TUPE in transactions including mergers and acquisitions, partnership agreements, service reconfiguration and the related employment implications of procurement and commissioning.

The employment agreement purported to abrogate Ms. Wood's common law rights upon the termination of her employment with the following language:

She has extensive experience representing businesses, executives and other high - level professionals on a full range of employment - related issues, including recruitment, hiring, discrimination, negotiation of employment agreements, breach of contract, non-competes, discipline, termination, and reductions in force.

Ms. Kaplan discussed topics such as preventing and handling employment problems, drafting employee handbooks, wage claims and independent contractor issues, wrongful termination and discrimination claims, negotiation of severance agreements, and traps for the unwary employer in offer letters, contracts and workplace management.

Clauses in employment agreements that preclude an employee from competing with the employer following termination of employment will be struck down as an unlawful restraint on trade and contrary to public policy, unless they can be justified on the basis of reasonableness.

There are a number of legal issues to consider, including whether there are sufficient circumstances to prove just cause, the effect of any employment agreement, and the amount of notice of termination or pay in lieu of notice required by the Employment Standards Act, 2000 and the cemployment agreement, and the amount of notice of termination or pay in lieu of notice required by the Employment Standards Act, 2000 and the cEmployment Standards Act, 2000 and the common law.

In October, the Ontario Court of Appeal once again considered the enforceability of termination provisions, deciding that a severability clause in an employment agreement will not save a termination provision that provides the employee with less than the minimum ESA entitlements.

In these circumstances, the issue would have become his notice entitlement upon termination, and in the absence of an employment agreement with an enforceable termination clause that limited it, Simoes» notice entitlement could have been quite substantial.

For example, does the employment or severance agreement provide for notice of termination, is there a cure period, and other formalities which need to be followed?

She routinely handles a wide variety of general outside counsel matters, including discipline and terminations; discrimination, retaliation, and harassment issues; executive employment agreements; issues with employees during mergers and acquisitions; commercial contracts; and advice to employers on compliance with federal, state, and local employment laws.

Bill Emer, of counsel in the firm's Labor & Employment practice, has more than 40 years of experience in labor and employment law in the areas of traditional labor relations, negotiation of collective bargaining agreements, discrimination, sexual harassment, wrongful termination, class actions, labor and employment counseling, California and federal wage - and - hour counseling and litigation, and the representation of employers before administrativeEmployment practice, has more than 40 years of experience in labor and employment law in the areas of traditional labor relations, negotiation of collective bargaining agreements, discrimination, sexual harassment, wrongful termination, class actions, labor and employment counseling, California and federal wage - and - hour counseling and litigation, and the representation of employers before administrativeemployment law in the areas of traditional labor relations, negotiation of collective bargaining agreements, discrimination, sexual harassment, wrongful termination, class actions, labor and employment counseling, California and federal wage - and - hour counseling and litigation, and the representation of employers before administrativeemployment counseling, California and federal wage - and - hour counseling and litigation, and the representation of employers before administrative agencies.

In order to provide a greater level of certainty, federal employers should consider including language in their written employment agreements that limits the amount of notice and severance the employee is entitled to upon termination of employment, but ensuring that this language provides for at least the minimum amounts required by the Code.

Representation of a minority shareholder in breach of fiduciary duty and breach of shareholder agreement regarding employment termination and stock repurchase.

Disputes over employment agreements as they relate to termination of employment, severance pay and rights to bonuses and equity interests in their employers