News & Analysis as of

Contract Termination Employment Contract

Stikeman Elliott LLP

Does Your Termination Clause Need to Comply with Statutory Group Notice Provisions?

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In its recent decision, Forbes v. Glenmore Printing Ltd., 2023 BCSC 25 (“Glenmore”), the Supreme Court of British Columbia rejected an argument that a contractual termination provision was void due to its potential to breach...more

Dunlap Bennett & Ludwig PLLC

Essential Agreement Considerations

When drafting agreements, there are essential terms that each party needs to consider in order to make sure that they have a well written contract that will protect their interests. A few of these considerations include the...more

A&O Shearman

Court of Appeal says no implied term preventing Tesco’s “firing and rehiring” plan

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A reminder, if one is needed, of how difficult it can be to imply a term. The Court of Appeal found the High Court was wrong to have implied a term into an employment contract restraining the controversial practice of “firing...more

Dorsey & Whitney LLP

You Know His Name (Jason). You Know the Story (Friday the 13th). But Do You Know Who Owns Jason? The Second Circuit Does - and the...

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As of today, there have been twelve (yes, twelve!) movies released as part of the Friday the 13th series of horror films, as well as a television series. For those of you who have not seen any of these films, they are not for...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Ontario Superior Court of Justice Refuses to Apply Waksdale for Negotiated Employment Agreement

In Rahman v Cannon Design Architecture Inc., the Ontario Superior Court of Justice upheld termination provisions that appeared to be in violation of the minimum standards prescribed by the Employment Standards Act, 2000...more

BCLP

Timberbrook v Grant Leisure: staged payments, variations and termination clause

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The recent English case of Timberbrook Ltd v Grant Leisure Group Ltd [2021] EWHC 1905 (TCC) (Date of Judgement: 16 July 2021), which was heard in the Technology and Construction Court, is a good illustration of the factors...more

Burns & Levinson LLP

The Dubious Enforceability of ‘Only Can Be Modified by a Written Instrument’ Clauses

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How many times over the years have you seen a clause in a contract stating that it only can be modified by a written instrument signed by the parties? Depending upon how long you have been practicing, the answer may well be...more

Fisher Phillips

COVID-19 Conflicts Lead To Breach Of Contract Claims Against Employers

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Though sometimes overlooked given the abundance of federal and state statutory claims, employers must remember that their existing contractual obligations remain in place during the pandemic. As a review of the Fisher...more

Bilzin Sumberg

How To Handle No-Cut Employment Contracts In Hard Times

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News outlets have been replete with stories lately about sports stars, high- level executives and in-house counsel foregoing salaries or taking pay cuts in light of the economic hardships wrought by the coronavirus pandemic. ...more

Verrill

Executive Decisions – Putting in Place Effective Employment Agreements for Company Executives

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During this webinar, attorneys Doug Currier and Scott Connolly discussed best practices for putting in place effective executive employment agreements, including inbound agreements and separation agreements. Topics discussed...more

Parker Poe Adams & Bernstein LLP

Silence on Employment Contract After Expiration Did Not Imply Renewal

Many written employment agreements contain automatic renewal provisions that apply at the end of the contract’s term if either party does not provide notice of intent not to renew. When an employment agreement is silent on...more

Littler

Littler Global Guide - France - Q3 2019

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A decree, dated July 26, 2019, has set a principle of modulation of employers’ contribution to the mandatory unemployment scheme (between 3 and 5.05%) depending on the number of contract terminations. All terminations count,...more

Dorsey & Whitney LLP

Employment Terms and Terminations: It’s Different in the States

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Employers sometimes include fixed terms of employment in their employment agreement. Sometimes a fixed term is meant to prompt the parties to renegotiate at the end of the term....more

Parker Poe Adams & Bernstein LLP

N.C. Court of Appeals Says Employer Can Require Changes to At-Will Employment Contract

Formal employment contracts can be for a specific term or may be terminated by one or both parties under certain conditions. When the agreement has no set term or can be ended by either party at any time, it is considered...more

Genova Burns LLC

Best If Used By: Keep an Eye Out for Arbitration Agreement Expiration Dates

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A recent opinion in the case of Susan L. O’Keefe v. Edmund Optics, Inc., addressed the question of whether an arbitration provision in a written employment agreement could survive the expiration of the agreement’s one-year...more

BCLP

New developments on time restricted employment contracts – more “red tape” and further restrictions

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The “Große Koalition” (the Grand Coalition) recently concluded a variety of legislative projects which will result in additional headaches, administrative hurdles, thresholds and new deadlines for HR professionals and...more

Littler

Ontario Court of Appeal Confirms Law on Contract Provisions Which Will Breach the Employment Standards Act in the Future

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Ontario’s highest court has confirmed that employment contract provisions that will breach the Employment Standards Act (‘ESA’) in the future are void and unenforceable. The Court has also confirmed that fixed-term employees...more

Bennett Jones LLP

On Strict Terms: Wording of Termination Provision Not What the Employer Does Determines Enforceability

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Highlighting the importance of using precise language in termination provisions of employment contracts, the Ontario Court of Appeal in Wood v Fred Deeley Imports Ltd., 2017 ONCA 158 [Wood] recently held that a termination...more

Seyfarth Shaw LLP

Agreement terminations on the up – 5 union response strategies

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The Aurizon decision handed down on 22 April 2015 and endorsed by a Full Federal Court on 3 September 2015 has created a viable option for employers needing to move away from legacy industrial arrangements that are bad for...more

Bennett Jones LLP

Fixed-term Employment Agreements: Draft Them Carefully

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Employers often use fixed-term employment agreements to limit their future severance costs owed to employees. Although that may be an effective approach in theory, the Ontario Court of Appeal’s recent decision in Howard v....more

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