Definition of Just Cause. As used in this Agreement, the term “just cause” will mean any one or more of the following events:
(a) theft, fraud, dishonesty, misappropriation, or willful misconduct by Employee involving the property, business or affairs of the Company or the discharge of Employee’s responsibilities or the exercise of his or her authority;
(b) the willful failure by Employee to properly discharge his or her responsibilities or to adhere to the policies of the Company after notice by the Company of the failure to do so and an opportunity for Employee to correct the failure within thirty (30) days from the receipt of such notice;
(c) Employee’s gross negligence in the discharge of his or her responsibilities or involving the property, business or affairs of the Company to the material detriment of the Company;
(d) Employee’s conviction of a criminal or other statutory offence that constitutes a felony or which has a potential sentence of imprisonment greater than six (6) months or Employee’s conviction of a criminal or other statutory offence involving, in the sole discretion of the Board of Directors, moral turpitude;
(e) Employee’s breach of a fiduciary duty owed to the Company;
(f) any breach by Employee of the covenants contained in Articles V or VI below;
(g) Employee’s refusal to follow the lawful written direction of the President and Chief Executive Officer of the Company;
(h) any conduct of Employee which, in the opinion of the Board of Directors, is materially detrimental or embarrassing to the Company; or
(i) any other conduct by Employee that would constitute “just cause” as that term is defined at law. If the parties disagree as to whether the Company had just cause to terminate the Executive’s employment, the dispute will be submitted to binding arbitration pursuant to Section 7.9 below.
Definition of Just Cause. As used in this Agreement, the term "just cause" will mean any one or more of the following events:
(a) theft, fraud, dishonesty, or misappropriation by Employee involving the property, business or affairs of the Company or the discharge of Employee's responsibilities or the exercise of his or her authority;
(b) willful misconduct or the willful failure by Employee to properly discharge his or her responsibilities or to adhere to the policies of the Company;
(c) Employee's gross negligence in the discharge of his or her responsibilities or involving the property, business or affairs of the Company to the material detriment of the Company;
(d) Employee's conviction of a criminal or other statutory offence that constitutes a felony, or which has a potential sentence of imprisonment greater than six (6) months or Employee's conviction of a criminal or other statutory offence involving, in the sole discretion of the Board of Directors of EFI, moral turpitude;
(e) Employee's material breach of a fiduciary duty owed to the Company;
(f) any material breach by Employee of the covenants contained in the Confidentiality and Non-Solicitation Agreement between Employee and Energy Fuels Resources (USA) Inc. or Employee's failure to enter into a Confidentiality and Non-Solicitation Agreement as required by and within the time provided in Article 5 below;
(g) Employee's unreasonable refusal to follow the lawful written direction of the Board of Directors of EFI on any material matter;
(h) any conduct of Employee which, in the reasonable opinion of the Board of Directors of EFI, is materially detrimental or embarrassing to the Company; or
(i) any other conduct by Employee that would constitute "just cause" as that term is defined at law. Except to the extent explicitly provided in Section 5.1, the Company must provide written notice to Employee prior to termination for just cause pursuant to Section 3.4 (c), (f), (g), (h), or (i) and provide Employee the opportunity to correct and cure the failure within thirty (30) days from the receipt of such notice. If the parties disagree as to whether the Company had just cause to terminate the Employee's employment, the dispute will be submitted to binding arbitration pursuant to Section 6.10 below.
Definition of Just Cause. As used in this Agreement, the term “just cause” will mean any one or more of the following events:
(a) theft, fraud, dishonesty, or misappropriation by Employee involving the property, business or affairs of the Company or the discharge of Employee’s responsibilities or the exercise of his or her authority;
(b) willful misconduct or the willful failure by Employee to properly discharge his or her responsibilities or to adhere to the policies of the Company
(c) Employee’s gross negligence in the discharge of his or her responsibilities or involving the property, business or affairs of the Company to the material detriment of the Company;
(d) Employee’s conviction of a criminal or other statutory offence that constitutes a felony or which has a potential sentence of imprisonment greater than six (6) months or Employee’s conviction of a criminal or other statutory offence involving, in the sole discretion of the Board of Directors of EFI, moral turpitude;
(e) Employee’s material breach of a fiduciary duty owed to the Company;
(f) any material breach by Employee of the covenants contained in Articles 5 or 6 below;
(g) Employee’s unreasonable refusal to follow the lawful written direction of the Board of Directors of EFI on any material matter;
(h) any conduct of Employee which, in the reasonable opinion of the Board of Directors of EFI, is materially detrimental or embarrassing to the Company; or
(i) any other conduct by Employee that would constitute “just cause” as that term is defined at law. The Company must provide written notice to Employee prior to termination for just cause pursuant to Section 3.4 (c), (f), (g), (h), or (i) and provide Employee the opportunity to correct and cure the failure within thirty (30) days from the receipt of such notice. If the parties disagree as to whether the Company had just cause to terminate the Employee’s employment, the dispute will be submitted to binding arbitration pursuant to Section 7.9 below.
Definition of Just Cause. Just cause for employment actions, up to and including termination, shall include, but not be limited to the following: Failure of an employee either willfully, or through negligence or incompetence, to perform the duties of his or her rank or assignment, or violation by an employee of any police policies or order, or instruction having the effect of a policy or order.
Definition of Just Cause. For purposes of definition for the term “just cause” used in this Article, the following are by way of illustration, but not of limitation, for just cause:
a. Violation of published school district policy.
b. Disorderly conduct while on duty.
c. Willful neglect or destruction of school district property.
d. Theft or attempted theft of property from the district, its staff, its students, or employees.
e. Working under the influence of alcohol or other behavior-altering substances.
f. Falsification of information on job application, time records, or other school district records.
Definition of Just Cause. Just cause shall include, but not be limited to, misconduct, incompetence, insubordination, neglect of duty, violation of workplace rules and policies, conviction , plea bargained sentence , deferred prosecution, or any other alternative disposition of a criminal charge and/or civil infraction which the Employer determines would have an adverse effect regarding an employee's work or the work environment , or any other conduct that is incompatible with the employee's employment.
Definition of Just Cause. In the event of termination pursuant to this Section for Just Cause (as hereinafter defined), the Company shall deliver to you written notice setting forth the basis for such termination, which notice shall specifically set forth the nature of the Just Cause which is the reason for the termination. As used in this Agreement, “Just Cause” means (i) your failure (excluding where due to a disability), neglect or refusal to perform your duties under this Agreement (which duties shall consist of utilizing your reasonable good faith efforts to facilitate the transition of your prior role as CFO to the new CAO or CFO and to impart to the CAO/CFO the knowledge you have gained relating to your prior role), which failure, neglect or refusal shall not have been corrected by you within 30 days of your receipt of written notice from CommerceHub of such failure, neglect or refusal, which notice shall specifically set forth the nature of said failure, neglect or refusal, (ii) your performance of any willful or intentional misconduct that has the effect of injuring the reputation or business of CommerceHub, (iii) any continued or repeated absence from CommerceHub, unless such absence is approved or excused by CommerceHub, (iv) your conviction for the commission of a felony, or (v) your commission of an act of fraud or embezzlement against CommerceHub.
Definition of Just Cause. As used in this Agreement, the term "Just Cause" will mean any one or more of the following events:
(a) Theft, fraud, dishonesty, or misappropriation by Consultant involving the property, business, or affairs of the Company, or the discharge of Consultant's Services or the exercise of his authority on behalf of the Company;
(b) Willful misconduct or the willful failure by Consultant to properly discharge his responsibilities or to adhere to the policies of the Company;
(c) Consultant's gross negligence in the performance of the Consultant's Services or involving the property, business, or affairs of the Company to the material detriment of the Company;
(d) Consultant's conviction of a criminal or other statutory offense that constitutes a felony or which has a potential sentence of imprisonment greater than six (6) months or Consultant's conviction of a criminal or other statutory offense involving, in the sole discretion of the Board of Directors of EFI, moral turpitude;
(e) Consultant's material breach of a fiduciary duty owed to the Company;
(f) Any breach by Consultant of the covenants contained in Articles 5 or 6 or Section 8.2 of this Agreement.
(g) Consultant's unreasonable refusal to follow the lawful written direction of the Company or the Board of Directors of EFI, on any material matter;
(h) Any conduct of Consultant which, in the reasonable opinion of the Company or Board of Directors of EFI, is materially detrimental or embarrassing to the Company; or
(i) Any other conduct by Consultant that would constitute Just Cause, as that term is defined at law. The Company must provide written notice to Consultant prior to termination for Just Cause pursuant to Sections 6.4(c), 6.4(f), 6.4(g), 6.4(h), or 6.4(i) and provide Consultant the opportunity to correct and cure the failure within thirty (30) calendar days from the receipt of such notice. If the parties disagree as to whether the Company had Just Cause to terminate the Agreement, the dispute will be submitted to binding arbitration pursuant to Section 8.6 below.
Definition of Just Cause. Formal corrective action and discharge shall be based on "just cause" as defined under the State Universities Civil Service System Statute and Rules. Just cause for formal corrective actions less than discharge include, but are not limited to: unauthorized and unexcused absence; leaving work without authorization; failure to punch in or out on a time card; habitual tardiness; punching another employee's time card; unauthorized key duplication and/or unauthorized possession of keys; inappropriate or unauthorized use of University resources or property; misrepresentation of absence; falsification of records; refusal to do assigned work; failure to follow work schedules; failure to follow time schedules; poor quality and/or quantity of work; insolence; failure to adhere to departmental regulations; smoking in prohibited areas; disregard of safety regulations; careless workmanship resulting in spoilage, waste or delay; gambling on institutional property; creating or contributing to unsanitary conditions; horseplay or scuffling; fighting; bullying or intimidating behavior; inappropriate interaction with University employees, students, or the public; sleeping during working hours; unauthorized visiting and loafing on the job. Causes justifying discharge include, but are not limited to: all those listed as causes for suspension if they become recurring offenses and in addition, theft; insubordination; any illegal form of harassment; drinking intoxicating liquors on institutional time or property; inability to perform assigned duties satisfactorily as a result of drinking alcoholic beverages or using controlled substances; malicious damage to property, tools, or equipment; immoral or indecent conduct which violates common decency or morality; conviction of an offense involving moral turpitude; illegal or excessive use of controlled substances; sale of alcohol or illegal drugs on University property; assault; threats to health or safety of another person(s) or to University property; and possession of weapons on University property. Per the PPP supervisor's manual, to determine if action is warranted, supervisors will consider the following:
1. Did the employee clearly understand the rule or policy that was violated?
2. Did the employee know in advance that such conduct would be subject to disciplinary action?
3. Was the rule violated reasonably related to the safe, efficient and orderly operation of the business?
4. Is there substantial evidence that the employee ...
Definition of Just Cause. For purposes of this Article, “just cause” includes but is not limited to unsatisfactory performance or unacceptable behavior; conflict of interest; serious misconduct; job abandonment or other factors warranting discipline or termination of the employment relationship. Issues concerning loss of program funding, termination of a contract, project or program are covered by Article 10,
