Limiting Common Law Notice Entitlements Through Termination Clauses
The main effect of termination clauses is to limit a possible much greater notice payment at common law, which is why rigorous standards have been enforced by the courts as …
Terminated without notice: are discretionary bonuses part of the severance package?
Bonuses may make up a significant portion of pay for executives, senior managers, and other high skilled employees. Upon termination of the employment relation, notice or pay in lieu is …
With Low Cost Comes Great Responsibility
Online lawyers might argue that a part of the purchase entails a responsibility on the part of the buyer to be well-informed about the product
Contractual Relativism?
When the distinction between employee and sub-contractor becomes hazy, remember, it’s “not what a contract says but how the parties behave.”
Drafting Employment Contracts
Employers often take a kitchen sink approach to drafting employment contracts. They bargain for excessive protection, no matter how junior or administrative the employee. However, in seeking such protection, they …
Resignations: intention to leave must be "unmistakable"
A true resignation is a voluntary action. Plain and simple.
Although there may be an intention to leave, courts will not construe that intention as a “resignation” unless it is acted upon and is unmistakable.