Not exact matches
State law requires that appraisal results be considered by districts when making
employment decisions, including
termination of contracts.
Having worked both sides
of the union issue in public
employment, I can tell you that no union
contract fails to include
termination or discipline for cause.
The Contractor shall immediately notify the
contracting officer when an employee no longer requires access to DOT computer systems due to transfer, completion
of a project retirement or
termination of employment.
I understand that there is no express or implied
contract of employment and that if employed I have been hired at the will
of the employer and that my
employment may be terminated at will, at any time: and with or without cause the employer's only obligation being to pay salary or wages due and owing at the time
of termination.
Employment law appeals, including the terms of employment contracts, discrimination and wrongful termination cases, defamation and l
Employment law appeals, including the terms
of employment contracts, discrimination and wrongful termination cases, defamation and l
employment contracts, discrimination and wrongful
termination cases, defamation and libel cases
He has over 32 years
of experience as a litigation attorney in the State
of Connecticut, with an established practice for over 27 years in the City
of Hartford, handling matters involving personal injury, automobile accidents, medical malpractice, wrongful death, workers» compensation,
employment discrimination, wrongful
termination, civil rights violations, social security disability, criminal law,
contract disputes, divorce and family law.
Employment Law: Mr. Anderson defends employers in civil actions involving various types of employment - related claims including wrongful termination, whistle - blower actions, discrimination, harassment, pay stub claims, wage and hour claims, and contrac
Employment Law: Mr. Anderson defends employers in civil actions involving various types
of employment - related claims including wrongful termination, whistle - blower actions, discrimination, harassment, pay stub claims, wage and hour claims, and contrac
employment - related claims including wrongful
termination, whistle - blower actions, discrimination, harassment, pay stub claims, wage and hour claims, and
contract actions.
For example, if an
employment contract provides for less than the statutory minimum entitlements that result from terminating
employment, then the employer will become liable for payment in lieu
of reasonable
termination notice at common law — often far exceeding the statutory minimums.
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.»
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.
Most
of the cases he handles deal with aspects
of individual
employment contracts, including hiring,
termination of employment, restrictive covenants (e.g. non-competition clauses), fringe benefits, as well as pension plans and incentive programs.
She acts often on behalf
of senior executives respecting their compensation,
employment contracts or
termination from
employment, and on behalf
of both employers and employees in respect
of sensitive workplace investigations.
The employer cross-appealed the trial decision, submitting that the
employment contract was frustrated because, at the time
of termination, there was no reasonable likelihood that the employee would be able to return to work within a reasonable time.
Photo identification;
Employment Contract;
Termination Letter; Correspondence; Record
of Employment...
Where there is no written
employment contract restricting rights at
termination or the
employment contract is void because it is in breach
of the ESA, the appropriate notice period can be much greater than the minimums set out under the ESA.
«To refrain from directly or indirectly competing with the Employer or working for another competing organisation in the practice
of Computer Software House within UAE for a period
of 24 months (not exceeding 24 calendar months) following the expiration or
termination of the
Employment Contract.»
Termination of the
employment of the owner manager other than for a material breach
of his
employment contract.
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.
Advising and representing companies and executives in the
termination of executive
employment contracts including directors» and officers» liability.
We provide counsel on a variety
of employee relations matters, including
employment contracts, state and federal compliance, employee
terminations and employee claims
of every kind.
Termination of the
employment of the owner manager for a material breach
of his
employment contract.
The General Rule Following
termination of employment, absent a
contract to -LSB-...]
In a decision released in June this year, Bowes v. Goss Power Products Ltd. (2012 ONCA 424), the Ontario Court
of Appeal considered the application
of this principle
of mitigation where an
employment contract provided a fixed amount
of severance upon
termination.
Finally, the court dismissed the appellant's argument that the covenants were linked to Payette's
employment contract simply because they make specific reference to the
termination of his
employment.
The first step in calculating the amount
of notice depends on whether that employee's
termination is subject to a valid
employment contract.
The court rejected this argument, stating that «where a
termination clause
contracts out
of one
employment standard, the court is to find the entire
termination clause to be void, in accordance with s. 5 (1)
of the ESA.
He counsels clients on
employment issues dealing with contracts, discipline, promotions, terminations and workplace law issues, and has defended against employment discrimination suits before the New York State Division of Human Rights (DHR) and the U.S. Equal Employment Opportunity Commissi
employment issues dealing with
contracts, discipline, promotions,
terminations and workplace law issues, and has defended against
employment discrimination suits before the New York State Division of Human Rights (DHR) and the U.S. Equal Employment Opportunity Commissi
employment discrimination suits before the New York State Division
of Human Rights (DHR) and the U.S. Equal
Employment Opportunity Commissi
Employment Opportunity Commission (EEOC).
The Court
of Appeal reasoned that there is an implied term in every
contract of employment that an employer must provide reasonable notice to an employee prior to the
termination 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.
Applying the ruling
of the Supreme Court
of Canada in the case
of Asphalte Desjardins inc., the Tribunal administratif du travail recalled that an employer that shortens the period
of work announced in the notice
of termination given by an employee is in fact breaking the
contract of employment unilaterally.
The Supreme Court has recently confirmed in Newcastle upon Tyne Hospitals NHS Foundation Trust v Haywood that in the absence
of any express provision in an
employment contract, written notice
of termination from an employer does not take effect until the employee has read it, or had a reasonable opportunity
of doing so...
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 offendin
employment — and to restrict themselves to statutory minimums under the
Employment Standards Act, 2000 — without offendin
Employment Standards Act, 2000 — without offending the ESA.
Employers can not simply revise the
termination clause in the
employment contracts of their current employers, tell their employees to sign the revised
employment contracts, and expect that a court will enforce the revised clause.
In June 2002, the employer sent the employee a new
contract that reduced the employee's entitlement upon
termination from two years» pay to three weeks» notice or pay in lieu
of notice for each year
of employment, to a maximum
of thirty weeks.2 The employee refused to sign the new
employment contract.
Sophie is regularly instructed in relation to issues arising out
of the
termination of employment, including bonus disputes, breach
of contract, unfair dismissal and redundancy.
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.
A fairly significant percentage
of employees in Toronto and the rest
of Ontario have
employment contracts that contain
termination clauses that are silent with respect to mitigation.
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.
CTF adhered to the terms
of the
employment contract by offering Oudin his minimum ESA entitlements
of 21 weeks
of combined severance and
termination pay.
We provide employers with the full range
of services needed to address emerging
employment law issues regarding
employment contracts; recruiting, hiring and
terminations;
employment standards; policy and procedures development and implementation; downsizing and restructuring; human rights; privacy issues; and workplace investigations, among others.
We also can assist people who need a wrongful
termination attorney and handle other types
of employment law cases, including sexual harassment, retaliation, discrimination, and breach
of contract.
We advise on immigration and residency rules; Ministry
of Labour compliance; staff benefits and incentive schemes; redundancy and
termination management; end
of service gratuity settlements; drafting and remodelling
of service
contracts and all other kinds
of employment contract documentation.
Given that both wrongful dismissal and constructive dismissal are characterized by employer - imposed
termination of the
employment contract (without cause), there is no principled reason to distinguish between them when evaluating the need to mitigate.
If a
termination clause
contracts out
of an
employment standard, the entire
termination clause must be found void, resulting in reasonable notice.
«regular wages» means wages other than overtime pay, public holiday pay, premium pay, vacation pay, domestic or sexual violence leave pay, personal emergency leave pay,
termination pay, severance pay and
termination of assignment pay and entitlements under a provision
of an employee's
contract of employment that under subsection 5 (2) prevail over Part VIII, Part X, Part XI, section 49.7, section 50, Part XV or section 74.10.1; («salaire normal»)
Her work experience involves all matters related to the management and
termination of employment and self -
employment contracts, included commercial agency
contracts.
In light
of this decision, employers should ensure that any
termination clauses in their
employment contracts are fully compliant with the ESA.
If the amount
of pay or notice in the
contract could fall below the minimum
termination notice required by the
Employment Standards Act, a court will not enforce it.
Nonetheless, given the in - depth consideration
of the issue in Wood, and the very clear direction from the Court, it is likely that courts in Ontario will return to a very strict interpretation
of termination clauses in
employment contracts.
We assist companies and corporate officers in connection with the legal management
of their human resources and intervene at all stages throughout the life
of the
employment contract, i.e. conclusion, performance and
termination.