Mr. Lang was only entitled to the payment of the indemnity in lieu of the minimum prior notice of
termination of employment provided for under the Act respecting Labour Standards.
The employer further indicated that it would pay Mr. Lang the compensatory indemnity in lieu of the minimum prior notice of
termination of employment provided for under the Act respecting Labour Standards should the employee not be called back to work within six (6) months.
Not exact matches
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.»
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.
Ontario's
Employment Standards Act provides a lengthy code for what employers can and can not do in the context of an employment relationship, including rules relating to the termination of
Employment Standards Act
provides a lengthy code for what employers can and can not do in the context
of an
employment relationship, including rules relating to the termination of
employment relationship, including rules relating to the
termination of employees.
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.
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.
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 letter asks each employee to acknowledge that they have received the «Separation Letter», which outlines the terms and conditions surrounding the
termination of their
employment with Target Canada and
provides information on benefit coverage and the payment
of regular wages throughout the notice period.
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
However, any director, officer, employee or volunteer who deliberately or maliciously
provides false information may be subject to disciplinary action, up to and including
termination of employment.
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.
A district school board may establish policies to
provide for a lump - sum payment for accrued vacation leave to an employee
of the district school board upon
termination of employment or upon retirement, or to the employee's beneficiary if service is terminated by death.
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 employer or super fund must
provide this form to the recipient within 14 days
of making the
employment termination payment (ETP).
This law
provides employees and their families the right to remain temporarily covered under an employer's health insurance plan at the group rate after
termination of employment,
provided the individual takes over payment
of premiums.
Some employers give you the choice upon
termination of employment, while others
provide the choice at the time you start retirement, but there's no legal requirement either way, Nunes says.
The Cancellation Waiver Program will waive your cancellation penalty for job
termination provided: 1) your job loss is the result
of your involuntary
termination of employment or layoff; 2) was not under your control; and 3) you must have been continuously employed with the same employer for 1 year prior to the
termination or layoff.
«Nevertheless, prior to the
termination of their
employment with Activision, West and Zampella unreasonably and / or in bad faith refused to
provide this consent in an effort to gain an unfair advantage in negotiations with Activision and in an improper attempt to gain an advantage for themselves in connection with their plan to leave Activision and establish their own company,» the suit states.
By the same token, vendors would be prudent to refrain from
providing their staff with any form
of notice or
termination pay if the express intention
of the purchaser is to make offers
of employment to the staff following closing.
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.
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.
In Howard the Ontario Court
of Appeal awarded an employee whose
employment was terminated 23 months into a five - year term damages reflecting the balance
of the term on the basis that the contractual clause
providing for early
termination was unenforceable due to ambiguity.
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.
The
Employment Standards Act, 2000 (the «ESA») provides the minimum standards of employment with respect to among many other things, overtime, hours of work, minimum wages, holidays, pregnancy and parental leave and termination of e
Employment Standards Act, 2000 (the «ESA»)
provides the minimum standards
of employment with respect to among many other things, overtime, hours of work, minimum wages, holidays, pregnancy and parental leave and termination of e
employment with respect to among many other things, overtime, hours
of work, minimum wages, holidays, pregnancy and parental leave and
termination of employmentemployment.
The
Employment Standards Act, 2000 (the «ESA») provides the minimum standards of employment with respect to, among many other things, overtime, hours of work, minimum wages, holidays, pregnancy and parental leave, and termination of employment i
Employment Standards Act, 2000 (the «ESA»)
provides the minimum standards
of employment with respect to, among many other things, overtime, hours of work, minimum wages, holidays, pregnancy and parental leave, and termination of employment i
employment with respect to, among many other things, overtime, hours
of work, minimum wages, holidays, pregnancy and parental leave, and
termination of employment i
employment in Ontario.
In contrast, his employer took the position that the inclusion
of the three - year term was merely a temporal cap on his
employment, and that it was able to terminate Mr. Alsip's
employment by
providing him reasonable notice
of termination of employment or pay in lieu.
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 assignme
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 assignme
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 assignme
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 assignment issues.
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.
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.
The importance
of the decision for Mr. Escudero is that, if a link between the
termination of his
employment and the application
of the obligations and rights mentioned above is established, then a reprisal will have occurred and the Board has held that it is able to
provide him with a remedy.
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.
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.
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.
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.
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.
Where a
termination clause calls for pay in lieu
of notice, but does not
provide for the payment
of benefits during the notice period, the entire clause is void as contrary to the
Employment Standards Act, 2000.
Section 54 says that an employer shall not terminate the
employment of an employee who has been continuously employed for three months or more unless the employer (a) has given to the employee written notice
of termination in accordance with section 57 or 58 and the notice has expired; or (b)
provides the employee with a payment in lieu
of notice as prescribed by section 61.
Notice and Severance under the
Employment Standards Act / The Minimum Standards The Employment Standards Act, 2000 (the «ESA») provides the minimum standards of employment with respect to among many other things, overtime, hours of work, minimum wages, holidays, pregnancy and parental leave and termination of e
Employment Standards Act / The Minimum Standards The
Employment Standards Act, 2000 (the «ESA») provides the minimum standards of employment with respect to among many other things, overtime, hours of work, minimum wages, holidays, pregnancy and parental leave and termination of e
Employment Standards Act, 2000 (the «ESA»)
provides the minimum standards
of employment with respect to among many other things, overtime, hours of work, minimum wages, holidays, pregnancy and parental leave and termination of e
employment with respect to among many other things, overtime, hours
of work, minimum wages, holidays, pregnancy and parental leave and
termination of employmentemployment.
The Wage Earner Protection Program (WEPP) under the Bankruptcy and Insolvency Act
provides guaranteed and timely payment
of unpaid wages, vacation pay (on or after July 7, 2008), as well as unpaid severance and
termination pay to eligible workers (on or after January 27, 2009) whose employers go bankrupt or are in receivership, up to an amount equalling four weeks maximum insurable earnings under the
Employment Insurance (EI) Act (currently about $ 3,000).
Galea
provides a reminder to employers about the importance
of maintaining good faith and fair dealing throughout the
employment relationship, including with regards to the
termination of employment.
In terms
of termination, the
Employment Standards Act (ESA)
provides one week
of notice or pay in lieu for every year
of... Read More
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.
Jim's practice involves
providing advice on every aspect
of the
employment relationship, including hiring, employee
terminations, discipline, accommodation, human rights and occupational health and safety (including workplace violence and harassment).