Sentences with phrase «violation of public policy»

Although these stipulations are frequently supported and not thought of as being in violation of a public policy which advocates the use of public highways and road by those who are only legally able to utilize them, these stipulations are contrary to the overall idea behind mandatory auto insurance.

In Dudewicz v Norris - Schmid, Inc, 443 Mich 68 (1993), the court held that a claim based on a violation of public policy can not be raised when an applicable statute prohibits a retaliatory discharge for the plaintiff's conduct.

It is a ques - tion of which law will apply: will it be the law of the state in which the parties executed the agree - ment, and where the agree - ment says, or will California over - ride certain provisions related to the prenuptial as it could cause violation of public policy.

She handles a wide range of matters, including those involving claims of discrimination and harassment based on race, national origin, age, sex, disability, and sexual orientation; wage and hour violations; independent contractor misclassification; wrongful termination in violation of public policy; whistleblower and other retaliation claims; breach of contract; unfair competition; defamation; and misappropriation of trade secrets.

With Color, reading cases is easier than ever before, whether you're dealing with shareholder and derivative actions, attorney work product, the duty to defend, or the tort of wrongful discharge in violation of public policy.

The California Court of Appeal recently concluded, in D'Sa v. Playhut, Inc., that it is a violation of public policy for an employer to terminate an employee who refuses to sign an unlawful covenant not to compete.

The South Carolina Supreme Court decision in Eason v. Eason, 384 S.C. 473, 682 S.E. 2d 804 (2009) corrects an obvious injustice, holding that a written agreement between separated spouses to not use adultery as a bar to entitlement to alimony is enforceable and not a violation of public policy.

The Uniform Premarital Agreement Act § 3, 9C U.L.A. 43 (2001), allows parties to contract with respect to «the modification or elimination of spousal support,» § 3 (a)(4), and «any other matter, including their personal rights and obligations, not in violation of public policy or a statute imposing a criminal penalty.»

It is a question of which law will apply: will it be the law of the state in which the parties executed the agreement, and where the agreement says, or will California override certain provisions related to the prenuptial as it could cause violation of public policy.

It is Wrongful Termination in violation of public policy.

The «violation of public policy» language is what drops off in everyday conversations.

The contracted for terms can not be in violation of public policy nor of a statute imposing criminal penalty.

Not exact matches

If there is any public policy proposition that a pluralistic system must agree upon — for the protection of all its members — it is that human life must be immune from arbitrary violation by other humans.

They dispute among themselves about whether this or that public policy is the violation of the value of justice, or whether a certain action is the breaking of a contract, or whether a certain decision constitutes infidelity to a promise.

Any public or private statement of interest, qualified or unqualified, in another club's player to that player's agent or representative, or to a member of the news media, is a violation of this Anti-Tampering Policy.

The Application challenges the Bank's decision on both a «violation of policy» and «public interest» basis.

In a separate statement, Schwartz said the governor has made it clear he has a «zero tolerance» policy «for any violation of the public trust from any actor or entity,» and he has been told to «follow the facts.»

It is utterly remarkable for Jim Malatras, who served as chief policy adviser and state operations director for Gov. Andrew Cuomo, to claim that he repeatedly told lobbyist Todd Howe (who pleaded guilty to felony charges concerning bid - rigging) to send his emails to Malatras» official business account and not, as he did a dozen times in violation of state policy, to his private email («Public matters, private emails,» Dec. 31).

Schools Chancellor Carmen Fariña on Aug. 4 announced a new task force to investigate allegations of cheating and other violations of academic policy in the public schools.

The Chicago Public Schools is in violation of its own remediation and probation policy.

Former D.C. Public Schools Chancellor Kaya Henderson deserves more than a little scorn for the violations of graduation policies (and the underlying causes of them) that took place under her watch.

D.C. Public Schools» central office will also view transcripts before graduation to confirm they are not in violation of city policy.

C. Any waiver by a consumer of any of the provisions of this chapter shall be deemed void and unenforceable by a credit services business as contrary to public policy of this Commonwealth, and any attempt by a credit services business to have a consumer waive rights given by this chapter shall constitute a violation of this chapter.

Animal Haven will not retaliate against an employee who in good faith, has made a protest or raised a complaint against some practice of Animal Haven, or of another individual or entity with whom Animal Haven has a business relationship, on the basis of a reasonable belief that the practice is in violation of law, or a clear mandate of public policy.

Animal Haven will not retaliate against employees who disclose or threaten to disclose to a supervisor or a public body, any activity, policy, or practice of Animal Haven that the employee reasonably believes is in violation of a law, or a rule, or regulation mandated pursuant to law or is in violation of a clear mandate of public policy concerning.

Little Shelter will not retaliate against an employee who, in good faith, has made a protest or raised a complaint against some practice of Little Shelter, or of another individual or entity with whom Little Shelter had a business relationship, on the basisof a reasonable belief that the practice is in violation of law or a clear mandate of public policy.

to NOAA and Science — most seriously about possible violations of best practices (and some rules)-- but have little relevance to the public policy debate.

The Russian defendant objected and argued that the SCC lacked jurisdiction over the dispute, that the Russian party had not been duly notified of the arbitration, and that enforcement of the award would constitute a violation of Russian public policy.

«In my view, engaging in activity which is prohibited by Parliament through the enactment of the Criminal Code of Canada falls squarely within the rubric of a public policy violation,» he added before rejecting arguments that voiding the gift would open the floodgates to frivolous estate litigation.

The Illinois Supreme Court has determined the «named driver exclusion» contained in uninsured / underinsured motorist (UM / UIM) auto insurance policies is invalid for violation of the state's mandatory insurance requirements and public policy where the exclusion bars coverage for the named insured.

There was no identifiable power in the court, supported by a public policy, to supplement presently existing statutory provisions to achieve what the prosecution want to achieve in violation of Mrs Gibson's rights under Art 1 of Protocol 1 of the European Convention on Human Rights.

Examples of «willful neglect» from the comments in The Federal Register help define the term: (1) disposal of a hard drive in an unsecured dumpster where the covered entity failed to implement policies and procedures to safeguard PHI during the disposal process; (2) failure to respond to an individual's request for restriction of the uses of PHI where the covered entity did not have any policies and procedures in place for consideration of the request for restriction; (3) a covered entity's employee loses a laptop that contains unencrypted PHI and the covered entity feared for its reputation if the incident became public and decided not to provide the appropriate notification.5 In each of the examples, the covered entity had actual or constructive knowledge of the violations.

Instead, California law requires that a termination be in violation of a fundamental public policy.

The Canadian Internet Policy and Public Interest Clinic (CIPPIC), based at the University of Ottawa, Faculty of Law, has asked the Privacy Commissioner of Canada to investigate alleged violations of Canadian privacy law by the popular social networking site, Facebook.

Ms. Grant represents employers in a wide variety of labor and employment matters, including wrongful termination, harassment, discrimination, retaliation, breach of contract, fraud, wage and hour, public policy violations, defamation, invasion of privacy, and trade secret / unfair competition.

Represented scores of individuals in lawsuits against their former employers regarding claims of discrimination, harassment, and retaliation based on disability, sex, gender, sexual orientation, age, race, and other protected classes and activities in violation of the Fair Employment and Housing Act (FEHA), California Family Rights Act (CFRA), Family Medical Leave Act (FMLA), American Disabilities Act (ADA), and public policy.

She represents employers in federal and state litigation matters, including class action and individual claims of wage and hour violations, sexual harassment, age, disability, race and sex discrimination, failure to accommodate, whistleblower and public policy wrongful discharge.

Violation of financial disclosure law: This law requires elected state and county officials and public employees in major policy - making positions to make yearly disclosures of their private financial interests.

The public policies expressed in this section shall apply only to actual or foreseeable violations of a fundamental constitutional right resulting from the application of the foreign law.

Thus, in Oscanyan v. Winchester Repeating Arms Co., 103 U. S. 261, it was held that, where it was shown by the opening statement of counsel that the contract on which the suit was brought was void as being either in violation of law or against public policy, the trial court might properly direct the jury to find a verdict for the defendant.

In the case that an author violates this policy, Bitcoin Magazine will post a public retraction of the story and terminate the contract of the author in violation.

«A Board rule requiring that Board Members attend, on at least a biennial basis, a continuing education program comprised of not more than six (6) cumulative hours of instruction with respect to Board or Member practices that might result in a significant legal vulnerability and possible liability to the Board and its Members, such as violations of anti-trust laws, agency laws, civil rights laws, the Code of Ethics of the National Association, or other similar public policies is not an inequitable limitation upon membership.»