News & Analysis as of

Termination Clauses Notice Requirements

Bass, Berry & Sims PLC

CMS Proposed Rule Addresses Multiple Aspects of Medicare Advantage Program for 2024, Including an Overpayment Rule Update

Bass, Berry & Sims PLC on

On December 14, the Centers for Medicare and Medicaid Services (CMS) issued a proposed rule that contemplates several changes to, and clarifications of, guidance for the Medicare Advantage (MA) program in coverage year 2024....more

Littler

Alberta Court of Appeal Decides Employees Entitled to Common Law Reasonable Notice Because Termination Clause Ambiguous

Littler on

In Bryant v Parkland School Division, 2022 ABCA 220, the Court of Appeal for Alberta (ABCA) allowed an appeal from a summary dismissal by the Court of Queen’s Bench of Alberta (ABQB) in Bryant v Parkland School Division, 2021...more

Stikeman Elliott LLP

Gone in 60 Days (or More): Court of Appeal Finds Termination Clause did not Limit Employee Termination Entitlements

Stikeman Elliott LLP on

The Alberta Court of Appeal recently reviewed the enforceability of a termination clause that purported to impose limits on employee termination entitlements. In Bryant v. Parkland School Division, the Court held that a...more

Bradley Arant Boult Cummings LLP

IRS Guidance Clarifies “Involuntary Termination” for the COBRA Subsidy

In Notice 2021-31, the Internal Revenue Service (IRS) provides broad guidance in a question-and-answer format on the application of the American Rescue Plan Act of 2021 (ARP) regarding premium assistance under the...more

Littler

Ontario, Canada Court of Appeal Confirms Past Experience with Vendor in Asset Purchase Transaction a Factor in Calculating...

Littler on

The recent decision of the Ontario Court of Appeal in Manthadi v. ASCO Manufacturing, 2020 ONCA 485, analyzed the common law approach to the calculation of reasonable notice when a vendor terminates a worker’s employment in...more

Epstein Becker & Green

Ontario Court of Appeal Limits Severability of Termination Clauses in Employment Contracts

Epstein Becker & Green on

On June 16, 2020, the Court of Appeal for Ontario handed down a decision that will have a profound impact on the enforceability of termination provisions in Ontario employment agreements. In Waksdale v. Swegon North America,...more

Littler

Ontario, Canada: Calculation of Reasonable Notice Period When a Contractor Becomes an Employee

Littler on

Cormier v. 1772887 Ontario Limited (St. Joseph Communications) (“St. Joseph”), 2019 ONCA 965, is an appeal from a summary judgment motion arising from the wrongful dismissal claim of a contractor who worked for St. Joseph for...more

Lewitt Hackman

FRANCHISEE 101: Nice Try Mr. Franchisee

Lewitt Hackman on

In Fantastic Sam's Salons, Corp. v. Moassesfar, a federal court in Los Angeles denied a motion by former franchisees to dismiss Fantastic Sam's claims for breach of contract and trademark infringement based on the contractual...more

Ballard Spahr LLP

Planning for Tenant's Changing Needs: Options To Renew, Expand, Cancel, or Reduce

Ballard Spahr LLP on

As a tenant's business changes, its needs and space requirements also change. If possible, a commercial tenant should anticipate the possibility of changing needs by negotiating certain beneficial options and rights into the...more

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