Sentences with phrase «upon employment termination»

The Court held that, despite being discretionary, the decision to deny or grant a bonus upon employment termination should be made in a fair and reasonable manner.

You must repay the loan in five years or in some cases upon employment termination.

Not exact matches

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 option expires at the end of the Offering Period, upon termination of employment, or if the employee becomes ineligible, whichever is earlier, but is exercised at the end of each Offering Period to the extent of the contributions accumulated during such Offering Period.

Participation will end automatically upon termination of employment with us.

Notwithstanding any provision in the Plan to the contrary, an Associate's Continuous Status is not terminated for purposes of the Associate's Stock Appreciation Rights if immediately upon the termination of the Associate's employment relationship with Walmart or an Affiliate the Associate becomes a Non-Management Director.

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.

We consider awards to have double - trigger vesting when they vest upon termination of employment following a change of control.

«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.»

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.

Immediately notify the investigative office in the Department of Education upon employment or termination of employment in the state in any public or private position requiring a Florida educator's certificate.

Also, the loan becomes immediately due upon termination of employment, even if the termination was involuntary (i.e. the employee was laid off or fired).

In addition, Roth and non-Roth account balances are combined to determine whether a participant's vested accrued benefit is $ 5,000 or less, allowing the account to be involuntarily cashed - out upon termination of employment.

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.

Firstly, the degree to which the employer unilaterally alters an employment contract may play a factor in determining whether the agreed upon termination clause is still enforceable.

Upon termination, you may be owed certain benefits or wages according to your employment handbook or employment contract.

The Court emphasized that, despite being discretionary, the decision to deny or grant a bonus upon termination of employment should be done in a fair and reasonable manner.

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.»

The main exception is if the employer has an established severance plan which binds them to offer a settlement upon termination of employment.

Does Oudin stand for the proposition that judges no longer require precise and exhaustive technical language in employment contracts in order to oust an employee's common law rights upon 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.

Accordingly, Mr. North's entitlement upon termination was not limited by the termination clause in his employment agreement.

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.

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...

Given the Courts decision in Keenan v Canac, it is more important than ever for both employees and employers to seek employment law advice not only upon termination but also at the initiation of an employment relationship.

(d) Upon termination of representation, a lawyer shall take steps to the extent reasonably practicable to protect a client's interests, such as giving reasonable notice to the client, allowing time for employment of other counsel, surrendering papers and property to which the client is entitled and refunding any advance payment of fee or expense that has not been earned or incurred.

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.

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

For some time, the employment relationship has been held to a standard of good faith and fair dealing, at least in respect to the administration of the employment contract and especially upon termination of employment.

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.

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.

An employer may limit the damages it is required to pay a dismissed employee upon dismissal by inserting language into the employment contract that limits the employee's entitlement to damages upon termination.

We also include a short review of a recent decision of the Ontario Court of Appeal that underscores the importance of having properly drafted employment contracts if you are trying to limit your obligations upon termination to an employee's Employment Standards Act, 2000 minimum entemployment contracts if you are trying to limit your obligations upon termination to an employee's Employment Standards Act, 2000 minimum entEmployment Standards Act, 2000 minimum entitlements.

Home Employment Law Clear contractual language prevails in court decision on incentive payout upon termination

This case therefore exemplifies the importance of implementing clear, enforceable written employment agreements containing important clauses that set out the respective rights and obligations of the employer and employee, such as clauses pertaining to probationary periods and entitlements upon termination.

Some of the most common are wrongful termination, discrimination, retaliation, violations of the Family Medical Leave Act, violations of the Fair Employment and Housing Act, Violations of the California Family Rights Act, privacy breaches (e.g. disclosure of a medical condition to someone who did not need to know), contract breaches, unfair bargaining and / or union and labor law disputes, unpaid wages, unpaid overtime, failure to pay minimum wage for all hours worked, failure to provide proper pay stubs, failure to pay for unused vacation days upon resignation or termination, failure to pay for all hours worked within 72 hours of quitting, failure to pay for all hours worked immediately upon leaving when the employee gives fair notice or resignation to the employer, failure to keep adequate records, failure to produce employment records upon request, failure to provide wage and pay information upon hiring, misclassification of an hourly employee as an exempt employee, misclassification of an hourly employee as an independent contractor, work place bullying, sexual harassment, disparate impact, disparate treatment, class actions for failure to pay wages and over time, class actions for failure to provide meal and rest breaks, and class actions for failure to reimburse employees forEmployment and Housing Act, Violations of the California Family Rights Act, privacy breaches (e.g. disclosure of a medical condition to someone who did not need to know), contract breaches, unfair bargaining and / or union and labor law disputes, unpaid wages, unpaid overtime, failure to pay minimum wage for all hours worked, failure to provide proper pay stubs, failure to pay for unused vacation days upon resignation or termination, failure to pay for all hours worked within 72 hours of quitting, failure to pay for all hours worked immediately upon leaving when the employee gives fair notice or resignation to the employer, failure to keep adequate records, failure to produce employment records upon request, failure to provide wage and pay information upon hiring, misclassification of an hourly employee as an exempt employee, misclassification of an hourly employee as an independent contractor, work place bullying, sexual harassment, disparate impact, disparate treatment, class actions for failure to pay wages and over time, class actions for failure to provide meal and rest breaks, and class actions for failure to reimburse employees foremployment records upon request, failure to provide wage and pay information upon hiring, misclassification of an hourly employee as an exempt employee, misclassification of an hourly employee as an independent contractor, work place bullying, sexual harassment, disparate impact, disparate treatment, class actions for failure to pay wages and over time, class actions for failure to provide meal and rest breaks, and class actions for failure to reimburse employees for expenses.

Upon termination, Mr. Di Tomaso was provided with 26 weeks of severance, his minimum statutory entitlement pursuant to the Employment Standards Act, 2000 (the «ESA»).

The legal obligation to make employee whole during the notice period can be modified if the employee's employment contract provides for another period of notice will be provided to the employee upon termination of employment.

Damages payable upon termination of employment may include benefits during the reasonable notice period, including any bonuses and other incentives that would otherwise have fallen due during that period.

The Supreme Court of Canada held in Machtinger v. HOJ Industries Ltd. 2 that if an employment contract contains a termination clause that provides an employee with an entitlement upon termination other than reasonable notice, that entitlement must be at least equal to the employee's minimum notice and severance entitlements as set out in the ESA.

However, if an employer needs to rely upon one of the grounds under Section 119 of the LPA to terminate employment without paying any statutory severance pay and / or notice under Section 118 of the LPA or to protect an employer from a claim for unfair termination, it is highly recommended that a written notice be issued, which specifies clear and sufficient reasons for termination in the termination notice.

Members of the Employment Law Group work with our clients from the inception of employment, during the course of the employment relationship, and upon termination of employment, on various issues thaEmployment Law Group work with our clients from the inception of employment, during the course of the employment relationship, and upon termination of employment, on various issues thaemployment, during the course of the employment relationship, and upon termination of employment, on various issues thaemployment relationship, and upon termination of employment, on various issues thaemployment, on various issues that include:

The Supreme Court of Canada held in Machtinger v. HOJ Industries Ltd5 that if an employment contract contains a termination clause that provides an employee with an entitlement upon termination other than reasonable notice, that entitlement must be at least equal to the employee's entitlement pursuant to the ESA.

Since the initial Employment Offer did not expressly touch upon the issue of reasonable notice for termination without cause, it was an implied term of the contract that the plaintiff was entitled to the common law standard of reasonable notice.

Employers who desire to require former employees to mitigate their damages and thereby potentially reduce the amount to which employees are entitled upon dismissal must ensure that the employment agreement expressly states that the termination entitlement is subject to the duty to mitigate.

Upon termination, Olympus Canada offered the Plaintiff the compensation he was entitled to pursuant to the Employment Contract.