In April 2011, Mr. Lang sent a demand letter to his employer claiming he had been constructively dismissed by reason of the layoff and claiming an indemnity in lieu of prior notice of
termination of employment as well as other damages.
The court noted that Stewart's breach of the Policy, and the ultimate
termination of his employment as a result, was not attributable in any part to his addiction but to his decision not to comply with the Policy by disclosing his drug use.
Additionally you may be able to challenge
the termination of your employment as an unfair dismissal.
Guide Summary:
Termination of Employment As an employer, are you following HR bests practices when it comes to employee dismissals to prevent any legal challenges from occurring?
Guide Summary:
Termination of Employment As an employer, are you following HR bests practices when it comes to...
Not exact matches
Termination with cause is a harsher measure, often referred to
as the «capital punishment
of employment law» and means employees aren't entitled to any notice or payment in lieu
of notice.
We generally do not enter into severance arrangements with our named executive officers, and none
of the equity awards granted to the named executive officers under Apple's equity incentive plans provide for acceleration in connection with a change in control or a
termination of employment, other than
as noted below or in connection with death or disability.
The triggering events constituting «good reason» and «cause» were negotiated to provide protection to us for unwarranted
termination of employment that could cause harm to us
as well
as to provide protection to the executive.
We provide information below about (1) the circumstances under which these options and stock awards vest upon
termination of employment or the occurrence
of certain acquisitions, and (2) the hypothetical value each such named executive would have received, if any, upon the vesting
of any
of these option or stock awards
as of that date under those circumstances, assuming each named executive's
employment with the Company had terminated or the acquisition had been consummated
as of December 31, 2009 and based on an NYSE closing price per share
of our common stock on that date
of $ 26.99.
The value
of the vested Account balance in the Cash Balance Plan is payable to the team member at any time after
termination of employment in either a lump sum or an actuarially equivalent monthly annuity
as provided under the Cash Balance Plan and
as elected by the team member.
The following benefits are not subject to the HP Severance Policy, either because they have been previously earned or accrued by the employee or because they are consistent with Company Practices: (i) compensation and benefits earned, accrued, deferred or otherwise provided for
employment services rendered on or prior to the date
of termination of employment pursuant to bonus, retirement, deferred compensation or other benefit plans, e.g., 401 (k) plan distributions, payments pursuant to retirement plans, distributions under deferred compensation plans or payments for accrued benefits such
as unused vacation days, and any amounts earned with respect to such compensation and benefits in accordance with the terms
of the applicable plan; (ii) payments
of prorated portions
of bonuses or prorated long - term incentive payments that are consistent with Company Practices; (iii) acceleration
of the vesting
of stock options, stock appreciation rights, restricted stock, restricted stock units or long - term cash incentives that is consistent with Company Practices; (iv) payments or benefits required to be provided by law; and (v) benefits and perquisites provided in accordance with the terms
of any benefit plan, program or arrangement sponsored by HP or its affiliates that are consistent with Company Practices.
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.
We provide information below about (1) the circumstances under which the vesting
of these options and stock awards would accelerate upon
termination of employment or the consummation
of an «acquisition transaction» (
as defined below) and (2) the hypothetical value each such named executive would have received, if any, upon the vesting
of any
of these option or stock awards
as of that date under those circumstances, assuming each named executive's
employment with the Company had terminated or the acquisition had been consummated
as of December 31, 2011 and based on an NYSE closing price per share
of our common stock
of $ 27.56 on December 30, 2011, the last trading date in 2011.
Vesting does not accelerate
as a result
of termination of employment or upon a change in control (unless the acquiring company does not assume the awards).
We provide information below about (1) the circumstances under which the vesting
of these options and stock awards would accelerate upon
termination of employment or the consummation
of an «acquisition transaction» (
as defined below) and (2) the hypothetical value each such named executive would have received, if any, upon the vesting
of any
of these option or stock awards
as of that date under those circumstances, assuming each named executive's
employment with the Company had terminated or the acquisition had been consummated
as of December 31, 2010 and based on an NYSE closing price per share
of our common stock on that date
of $ 30.99.
«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.»
If you face any
employment consequences
as a result
of your actions, such
as discipline or
termination, or are asked to sign an acknowledgment that you have voluntarily resigned, you should feel free to contact us.
If the Release Requirements are satisfied, then the portion
of any payments that would otherwise have been paid during the period between the
Termination Date and the Release Date shall instead be paid
as soon
as reasonably practicable following the Release Date (or, if the Review Period applies and the Board has notified you that it is reviewing your cessation
of employment under the lookback provisions
of the Cause definition, the end
of the Review Period with regard to payments that qualify
as short term deferral under Section 409A
of the Code).
The process
of termination of employment is the same
as for any permanent resident or Canadian citizen already residing in Canada.
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»).
The following benefits are not subject to the HP Severance Policy, either because they have been previously earned or accrued by the employee or because they are consistent with Company Practices: (i) compensation and benefits earned, accrued, deferred or otherwise provided for
employment services rendered on or prior to the date
of termination of employment pursuant to bonus, retirement, deferred compensation or other benefit plans, e.g., 401 (k) plan distributions, payments pursuant to retirement plans, distributions under deferred compensation plans or payments for accrued benefits such
as unused vacation days, and any amounts earned with respect to such compensation and benefits in accordance with the terms
of the applicable plan; (ii) payments
of prorated portions
of bonuses or prorated long - term incentive payments that are consistent with Company Practices; (iii) acceleration
of the vesting
of stock options, stock appreciation rights, restricted stock, restricted stock units or long - term cash incentives that is consistent with Company Practices; (iv) payments or benefits required to be provided by law; and
«The board requested
of me and authorized me to initiate the process
of termination for cause
as defined in Coach Pitino's
employment contact.»
As a result
of the mutual
termination of Nigel Pearson's
employment agreement with Derby County any disciplinary process has now ceased.
I / we agree that if any material change (s) occur (s) in my / our financial condition that I / we will immediately notify BSHFC
of said change (s) and unless Baby Safe Homes Franchise Corporation is so notified it may continue to rely upon the application and financial statement and the representations made herein
as a true and accurate statement
of my / our financial condition.nI / we authorize Baby Safe Homes Franchise Corporation to make whatever credit inquiries / background checks it deems necessary in connection with this application and financial statement.nI / we authorize and instruct any person or consumer reporting agency to furnish to BSHFC any information that it may have to obtain in response to such credit inquiries.nIn consideration
of the ongoing association between Baby Safe Homes and the undersigned applicant (hereinafter u201cApplicantu201d), the parties hereto have entered into this Non-Disclosure and Non-Competition Agreement.nWHEREAS, in the course
of its business operations, Baby Safe Homes provides its customers products and services which, by nature
of the business, include trade secrets, confidential and proprietary information, and other matters deemed material or important enough to warrant protection; and WHEREAS, Applicant, by reason
of his / her interest in Baby Safe Homes and in the course
of his / her duties, has access to said secrets and confidential information; and WHEREAS, Baby Safe Homes has trade secrets and other confidential and proprietary information, including procedures, customer lists, and particular desires or needs
of such customers to which Applicant has access in the course
of his / her duties
as an Applicant.nNow, therefore, in consideration
of the premises contained herein, the parties agree
as follows Applicant shall not, either during the time
of his / her franchise evaluation with Baby Safe Homes or at any time thereafter either directly or indirectly, communicate, disclose, reveal, or otherwise use for his / her own benefit or the benefit
of any other person or entity, any trade secrets or other confidential or proprietary information obtained by Employee by virtue
of his / her
employment with Baby Safe Homes, in any manner whatsoever, any such information
of any kind, nature, or description concerning any matters affecting or relating to the Baby Safe Homes business, or in the business
of any
of its customers or prospective customers, except
as required in the course
of his / her
employment by Baby Safe Homes or except
as expressly authorized Baby Safe Homes Franchise Corporation, in writing.nDuring any period
of evaluation with Baby Safe Homes, and for two (2) years thereafter, Applicant shall not, directly or indirectly, induce or influence, divert or take away, or attempt to divert or take away and, during the stated period following
termination of employment, call upon or solicit, or attempt to call upon or solicit, any
of the customers or patrons Baby Safe Homes including, but not limited to, those upon whom he / she was directly involved, or called upon, or catered to, or with whom became acquainted while engaged in the franchise evaluation process
of a Baby Safe Homes franchise business.
Upon
termination of employment, the employee's final compensation shall be adjusted in an amount necessary to ensure that sick leave with compensation does not exceed the days
of earned sick leave
as provided herein.
The determination
of the district school board shall be final
as to the sufficiency or insufficiency
of the grounds for
termination of employment; or
The regulations adopted by the New York State Board
of Regents based on the 2010 law changing how the evaluations must work includings a line that says the new evaluations must be «a significant factor in
employment decisions such
as promotion, retention, tenure determinations,
termination, and supplemental compensation,»
as well
as how teacher and principal development is approached.
Once the new evaluation system is fully implemented, the First to The Top Act requires it to serve
as a factor in
employment decisions in our state's education system including, but not limited to: promotion, retention,
termination, compensation and the attainment
of tenure status.
Cancellation after
employment begins
as a teacher
of record will result in a
termination in the collection
of monthly payments.
An
employment termination payment made
as a result
of termination of a person's
employment, other than
as a result
of their death.
No employer,
employment agency, licensing agency or agent shall use information in a consumer credit report
of a job applicant or employee in connection with or
as a criterion for
employment decisions related to hiring,
termination, promotion, demotion, discipline, compensation, or the terms, conditions or privileges
of employment.
Personal injury cases,
termination and
employment law issues, and criminal law matters are examples
of emergency situations where one should at least have a basic understanding
of the first points
of contact — whether a lawyer, government institutions, or other public authorities such
as the police.
If CONSULTANT's
employment with EMPLOYER terminates for any reason, the CONSULTANT shall not, for a period
of one year from the date
of termination, have any business dealings whatsoever, either directly or indirectly or through corporate entities or associates with any customer or client
of EMPLOYER or its subsidiaries or any person or firm which has contacted or been contacted by EMPLOYER
as a potential customer or client
of EMPLOYER;
When wrongful
termination or workplace discrimination claims arise following the return to work, the employer must prove that the
termination or adverse
employment action (such
as demotion) was the result
of a non-related issue.
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.
The distress he suffered was not beyond what might be characterized
as the normal distress and hurt feelings arising from the lawful
termination of his
employment.
It will cover
termination of employment, procedures, protection for workers, compensation
as well
as insight and opinion on the most common difficulties employers face and any upcoming legal changes planned...
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.»
Serving
as outside
employment counsel for a national company, advising in - house counsel and human resources professionals on all aspects
of employment law including due diligence, hiring and
termination issues, wage and hour compliance, risk management, and other
employment - related matters.
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.
As per
employment law, the basic award is the statutory amount, which involves multiplying the relevant factors
of your age, the length
of continuous service (it can extend up to 20 years), and a week's pay (at the date
of effective
termination.)
However,
termination for cause has been described by the Ontario courts
as the «capital punishment»
of the
employment relationship.
As such, it is vital that employers carefully plan for any
termination of employment.
You will receive an additional five months pay in lieu
of notice
of termination as per our obligations under the
Employment Standards Act
of Ontario.
Identified
as one
of the top 100
employment lawyers in the country, Lori Ecker provides knowledgeable representation to clients who have been subjected to sexual harassment, a hostile work environment, discrimination because
of race, religion, age, gender, pregnancy, national origin, sexual orientation, or gender identity, or who have suffered retaliatory or wrongful
termination.
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.
As a trusted Hayward
employment law attorney, the Law Offices
of Spencer C. Young provides top
of the line legal support for individuals who are victims
of discrimination, sexual harassment, wrongful
termination, unpaid severance, and other workplace violations.
(Yes, I appreciate such
termination would almost assuredly contravene the provisions
of the Human Rights Code, and I do not mean to suggest that such a course
of action would be «prudent» from an
employment - law perspective, what I intend to do is underline the absurdity
of such a course
of action
as a means
of limiting insurance coverage.)
The definition
of «construction employee» in the
Termination and Severance
of Employment Regulation, is the same
as that used in the Exemptions, Special Rules and Establishment
of Minimum Wage Regulation, which is:
The employer had been made aware
of the events which led to the prior
termination by the plaintiff, soon after it had announced his re-hiring and prior to the commencement
of his actual
employment,
as the Court found.