Sentences with phrase «wrongful termination of an employee»

Referring to previous Supreme Court of Canada and Court of Appeal decisions, the Court confirmed that EI benefits are not to be deducted from damages, because an employer should not be able to benefit from its wrongful termination of an employee which requires that employee to apply for and make use of EI benefit entitlements.

Not exact matches

Some companies deserve to be sued by an employee for wrongful termination, but a disturbing number of companies are victims of frivolous lawsuits initiated by employees eager to jump on the litigation bandwagon.

One of the major debts is from the loss of a lawsuit by a former employee, Daniel Beasley, a Compton, Calif., man who sued Roscoe's for racial discrimination and wrongful termination.

Ms. Schreiber now focuses her practice on assisting employees of businesses of all sizes in claims regarding workplace discrimination, sexual harassment, retaliation, wrongful termination, unpaid wages, and numerous other employment disputes.

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.

Linda Luna Lara Works Hard and Wins Big For Workers Wronged By Employers Based on my personal experiences of witnessing the effects of a wrongful termination and the financial and emotional devastation it can cause on an individual and family I became wholeheartedly passionate about employee rights,» says Linda Luna Lara, Founding Partner at Lara & -LSB-...]

Despite the fact that section 97 of the Employment Standards Act (ESA) specifies that an employee who files a complaint with the MOL for unpaid termination and severance pay under the ESA can not commence a civil proceeding for wrongful dismissal if the complaint and the proceeding would relate to the same matter, 236 of the class members who had filed a complaint under the ESA had joined the class action suit.

Ms. Kaplan discussed topics such as wage claims and independent contractor issues, drafting employee handbooks, negotiation of severance agreements, wrongful termination and discrimination claims, and traps for the unwary employer in offer letters, contracts and workplace management.

We represent Florida employees in all types of cases including Wrongful Termination, Unpaid Wages & Overtime, Minimum Wage Violations, Sexual Harassment, Discrimination (Race, Religion, Sex / Gender, Age, Pregnancy, Disability), Wrongful Termination, Non-Compete and Solicitation Agreements, Retaliation, Whistle Blower Protection, Collective and Class Action Lawsuits and Qui Tam cases.

We advise clients on all aspects of employment law matters and defend businesses involved in wrongful termination claims by employees.

Attorney Eric S. Johnson won a trial to the Court where he defended a local charity against a wrongful termination claim filed by one of its employees.

, at Ontario law «wrongful dismissal» has nothing to do with the reason for termination and has everything to do with the amount of notice of termination provided to the employee.

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.

The legal corollary of an employer's obligation to provide reasonable notice of termination is the employee's duty to mitigate the damages flowing from a wrongful termination.

Bad faith damages: Aside from typical severance - like damages for wrongful dismissal, the most often awarded «add - on» damages are for an employer's bad faith behaviour at the time of an employee's termination.

In ordinary circumstances this means that a wrongful termination claim is discovered on the date the employee first receives notice of termination.

The article points to the most notorious recent evidence of this threat: the text messages about employee firings and extramarital sex that brought down Detroit Mayor Kwame Kilpatrick and provided the smoking gun that allowed three fired police officers to win $ 8 million in their wrongful termination suit against the city.

The best way to protect your business from invalid claims of wrongful termination is to maintain documentation of all actions taken against every employee.

Any employer has not met those standards of termination, or has acted in a way that violates one of these exceptions, can be sued for wrongful termination, even if the employee worked under an at - will employment contract.

Settled a case favorably on behalf of a national manufacturer in which a former employee claimed age discrimination and wrongful termination after a department layoff

a. the legal enforceability of restrictive covenants; b. the legal parameters relating to wrongful termination, constructive dismissal or other similar concepts affecting an employee's entitlement to severance on termination of employment; c. any special employment laws that apply in connection with a change in control or other type of corporate transaction (e.g., an executive's entitlement to severance or the mechanism by which an executive's employment may transfer to a corporate acquirer); and d. other labour - related laws (such as laws related to unions or works councils) that may affect the employment relationship in a particular jurisdiction.

If your condominium corporation is considering terminating its employment relationship with a superintendent, the board of directors should obtain professional advice on the proper methods for doing so, including best practices for conducting a termination meeting, the law regarding termination pay and notice requirements, and how to best protect the condominium corporation from a wrongful dismissal or human rights claim by the terminated employee.

He provides employers with advice and counseling, drafts employee handbooks and policies, and represents corporations in the defense of lawsuits alleging wrongful termination, harassment, and discrimination.

Federal law and the state laws of California protect both private and government employees against wrongful termination in cases where the employee has been discharged for certain discriminatory or retaliatory reasons.

Even though salary continuance is not a legal mechanism for the payment of statutory termination pay, and even though judges will often not order it as a remedy in a wrongful dismissal case, that does not necessarily mean that (a) salary continuance is never «legal» or (b) employees may not have to accept it.

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 for expenses.

Ellen provides advice to employers and employees in plain English on all aspects of employment law including: drafting and reviewing employment contracts, workplace policies, termination provisions, non-competition clauses and restrictive covenants, wrongful and constructive dismissal litigation, employment standards, workplace investigations, occupational health and safety issues as well as human rights in the workplace.

Wrongful dismissal cases often involve disputes as to whether the employee's entitlement to notice of dismissal is limited to that set out in the termination clause or if the former employee is entitled to significantly greater entitlements because the termination clause has breached the ESA and therefore the employee is entitled to reasonable notice of dismissal.

We are focused on helping clients who are the victims of sexual assault, harassment, discrimination, retaliation, wrongful termination, and other employee rights violations.

In all of these examples as long as the employer provides the employee with a severance package representing sufficient pay in lieu of notice of dismissal the termination will not be considered to be a wrongful dismissal.

Most recently, Mark obtained a $ 7 million dollar verdict at trial in a high profile, sexual harassment and wrongful termination case involving an employee - turned - whistleblower who exposed evidence of sexual abuse by celebrity yoga guru Bikram Choudhury.

Employment law (unreported): Defended an employer in a Provincial Court action brought by a former employee seeking damages for wrongful dismissal and elevated damages due to the manner of termination.

In addition to defending against employees» claims of sexual harassment and all forms of discrimination, including gender, race, and sexual orientation, BHPK attorneys have also successfully represented employers in claims brought by their employees for wrongful termination, whistleblower claims, contract disputes, and issues arising out of alleged violations of The Family and Medical Leave Act.

Even where the person likely did do something improper that would justify termination, the failure to investigate properly and give the employee the chance to tell their side of the story can be fatal to a wrongful dismissal suit.

Damages for wrongful dismissal are not payable in priority to other expenses pursuant to the Insolvency Act 1986, Sch B1, para 99 (4) to (6), since a payment in respect of the period after the date of termination of employment can not amount to «wages» but rather is a payment by the employer on account of the employee's claim for damages for breach of contract.

Carmen regularly assists clients with wrongful dismissal suits, injunctions, employee terminations, drafting employment contracts, pay equity calculations, and the creation of workplace policies, manuals and procedures.

Pritikin has extensive courtroom experience and specializes in employment discrimination, wrongful termination, investigations of employee conduct and sexual harassment matters.

The fundamental issue for determination was whether his contract of employment is to be viewed as a fixed term employment contract with an objectively justifiable maximum term of nine years or whether the contract was converted by virtue of the Fixed - Term Employees (Prevention of less Favourable Treatment) Regulations 2002 (SI 2002/2034)(The 2002 Regulations) into a permanent contract thereby entitling him to continue working or upon termination obtain redress for unfair and wrongful dismissal.

Accordingly, there is at least an argument that the limitation period for wrongful dismissal claims may not start to run until the employee discovers or ought to have discovered that he or she had not received adequate notice of termination or pay in lieu of notice.

Age at termination, damages, employment law, long - term employee, mitigation, notice period, reasonable notice, reasonable termination notice, statutory obligations, statutory requirements, Statutory severance, supervisor, termination, termination notice, termination without cause, wrongful dismissal, years of service

Protect yourself against charges of discrimination, harassment or wrongful termination by employees at your auto service and repair shop.

Whether it is supporting the decision to promote someone, justifying corrective action or providing documentation in a wrongful termination situation, managing employee files is a big part of HR.

Effectively contracted with the state of NC to provide objective 3rd party mediations for workers compensation, wage and labor, employee contracts, wrongful terminations, harassment and employment law unsettled litigations for state and private sector employees.

Have mediated workplace, sexual harassment, and wrongful termination disputes between supervisors and employees; numerous EEO claims of discrimination and violations of the Americans with Disabilities Act; homeowner and neighborhood matters; insurance claims with respect to earthquake damage; bankruptcy and general business and breach of contract claims.