Involuntary discharge Sample Clauses

The involuntary discharge clause defines the circumstances under which an individual, typically an employee or member, can be removed from their position without their consent. This clause outlines specific grounds for such removal, such as misconduct, violation of company policies, or inability to perform required duties, and may detail the process for investigation and decision-making. Its core practical function is to provide a clear and fair mechanism for organizations to address situations where continued involvement of the individual is detrimental, thereby protecting the organization's interests and maintaining standards.
Involuntary discharge. The hospice may discharge a patient from the program against the patient’s will: 1. If the patient requests services in a setting that exceeds the limitations of the hospice’s authority; 2. For the patient’s safety and welfare or the safety and wel- fare of others; or 3. For nonpayment of charges, following reasonable opportu- nity to pay any deficiency.
Involuntary discharge. A. The Resident may be discharged or transferred involuntarily for failure to remit their assets and/or income or failure to secure a third-party payment source. B. Upon appropriate notice, the Resident may also be transferred or discharged involuntarily if: i. The discharge or transfer is necessary for the Resident’s welfare and the Facility cannot meet the Resident’s needs. ii. The Resident’s health has improved sufficiently so that the Resident no longer needs the care and/or services of the Facility. iii. The Resident’s clinical or behavioral status (or condition) endangers the safety of individuals in the facility. iv. The Resident’s clinical or behavioral status (or condition) otherwise endangers the health of individuals in the facility. v. The Resident has failed, after reasonable and appropriate notice to pay, or have paid under Medicare or Medicaid, for his or her stay at the Facility.
Involuntary discharge. This Agreement does not guarantee a particular length of stay. The Facility reserves the right to transfer or discharge you involuntarily after appropriate notice because: your health has improved and you no longer need the Facility’s services; (1) Your needs can no longer be met in the Facility; (2) The safety or health of individuals in the Facility is endangered by you; or (3) Because you have failed, after reasonable and appropriate notice, to pay for or arranged for payment of services provided under this Agreement.
Involuntary discharge. Facility may involuntarily transfer or discharge Resident. In the event Facility seeks to discharge Resident and/or terminate the Admission Agreement, and unless the health or safety of others in the facility are jeopardized or Resident’s urgent medical needs necessitate a transfer or discharge, Facility shall give at least thirty (30) days written notice to Resident, Resident’s next of kin and the Responsible Party, specifying the grounds for termination and date of discharge and advising that Resident has the right to, and contest, involuntary termination. In addition, Facility shall provide a list of free local legal services and advocacy resources, including the local Social Services District and shall obtain prior court approval if Resident objects to the involuntary termination. The parties agree that the terms and conditions contained herein shall survive Resident’s discharge or transfer from the Facility.
Involuntary discharge. At any time during the term of this Agreement or prior to the end of the term of this Agreement, the Company may discharge the Employee without Cause, in which case this Agreement shall automatically terminate and the Company shall have no further obligation to the Employee or his Beneficiary other than (i) to pay the Employee his base salary accrued through the date of such termination and (ii) the Payments in the same manner and at the same times as if the Employee's employment had not been terminated if, on each payment date, Employee has not breached or violated any of his covenants set forth in Section 8(a).
Involuntary discharge. If the clinic decides to involuntarily discharge a patient, the clinic will notify the patient in writing of the effective date of the discharge, sources for further treatment and the patient’s right to have the discharge reviewed, prior to the effective date of the discharge.
Involuntary discharge 

Related to Involuntary discharge

  • Good Discharge (a) Any payment to be made in respect of the Secured Liabilities by the Security Agent may be made to the Facility Agent on behalf of the Secured Parties and any payment made in that way shall be a good discharge, to the extent of that payment, by the Security Agent. (b) The Security Agent is under no obligation to make the payments to the Facility Agent under paragraph (a) above in the same currency as that in which the obligations and liabilities owing to the relevant Finance Party are denominated.

  • Constructive Discharge If at any time during the term of this Agreement, except in connection with a termination pursuant to paragraph (c) (TERMINATION FOR CAUSE) of this Section 5, the Executive is Constructively Discharged (as hereinafter defined) then the Executive shall have the right, by written notice to the Employer within sixty (60) days of the initial existence of such Constructive Discharge condition, to terminate his services hereunder, effective as of the thirtieth (30th) day after such notice, and the Executive shall have no rights or obligations under this Agreement other than as provided in Sections 4 and 8 hereof; provided, however, the Employer shall have thirty (30) days from the date of such notice in which to cure the condition giving rise to a Constructive Discharge, if curable. If, during such thirty (30) day period, the Employer cures the condition giving rise to Constructive Discharge, then the Executive’s notice of termination hereunder shall not be effective, the Executive’s employment shall continue until otherwise terminated under this Agreement, and no benefits shall be due under this Agreement with respect to such occurrence. If the Employer fails to cure the condition giving rise to Constructive Discharge within such thirty (30) day period, the Executive shall be entitled to a lump sum payment of compensation and benefits and continuation of all plans and benefits as if such termination of his employment was pursuant to subparagraph (a)(i) of this Section 5 to be paid within thirty (30) days of the Executive’s termination of employment. (i) For purposes of this Agreement, the Executive shall be “Constructively Discharged” upon the occurrence of any one of the following events: (A) The Executive is not re-elected or is removed from the positions with the Employer or any affiliate set forth in Section 1 hereof, other than as a result of the Executive’s election or appointment to positions of equal or superior scope and responsibility; or (B) The Executive shall fail to be vested by the Employer with the powers and authority of his appointed office; or (C) The Employer changes the primary employment location of the Executive to a place that is more than thirty (30) miles from the primary employment location as of the Effective Date of this Agreement; or (D) The Employer otherwise commits a material breach of its obligations under this Agreement.

  • DISCIPLINE/DISCHARGE 25.01 A Shop ▇▇▇▇▇▇▇, or in the absence of a Shop ▇▇▇▇▇▇▇, another employee in the bargaining unit selected by the employee affected, and in the event the member is a Shop ▇▇▇▇▇▇▇, another Shop ▇▇▇▇▇▇▇ or an official full-time Union Representative, shall be present from the beginning of the meeting when a member of the bargaining unit: a) is given a reprimand which is to be entered on the employee’s personnel file; b) is suspended or discharged. In unusual circumstances, where it is necessary for the Employer to advise an employee by mail of discharge, the Union office will be mailed a copy of such notice. Absence of a Shop ▇▇▇▇▇▇▇ or Assistant Shop ▇▇▇▇▇▇▇ or another employee shall not invalidate the discipline, except in exceptional circumstances. 25.02 The affected employee, a Shop ▇▇▇▇▇▇▇ and the Union, shall be given a copy of any disciplinary notice which is to be entered on an employee's personnel file. The affected employee, the Shop ▇▇▇▇▇▇▇, and the Union shall also be given a copy of any discharge notice that is given to an employee. In all cases of discipline or discharge the Employer shall notify the affected employee, and a Shop ▇▇▇▇▇▇▇ and the Union in writing of the reasons for taking such action. The notice of discipline or discharge shall be given to the affected employee and a Shop ▇▇▇▇▇▇▇ promptly and a copy of the discipline or discharge notice shall be forwarded to the Union office via fax within two (2) business days (excluding Saturday and Sunday and General Holidays) of the event. 25.03 Employees covered by this Agreement shall have access to their own personnel file, upon written request by the employee involved. Employees shall be able to obtain copies of their personnel file when requested, at the employee's expense. The Employer shall keep only one (1) personnel file per employee. (a) Employee’s written corrective action documentation(s) other than suspension will be taken from an employee’s file after fifteen (15) months should no similar offence have occurred during said period. (b) Employee’s suspension documentation(s) will be taken from an employee’s file after thirty (30) months should no similar offence have occurred during said period. (c) All documentation(s) including corrective action and suspension relating to incident(s) and/or complaint(s) of discrimination or harassment nature shall remain in an employee’s file.

  • No Discharge This Guaranty and the obligations of Guarantors hereunder shall be valid and enforceable and shall not be subject to any limitation, impairment or discharge for any reason (other than payment in full of the Guarantied Obligations), including without limitation the occurrence of any of the following, whether or not any Guarantor shall have had notice or knowledge of any of them: (a) any failure to assert or enforce or agreement not to assert or enforce, or the stay or enjoining, by order of court, by operation of law or otherwise, of the exercise or enforcement of, any claim or demand or any right, power or remedy with respect to the Guarantied Obligations or any agreement relating thereto, or with respect to any other guaranty of or security for the payment of the Guarantied Obligations, (b) any waiver or modification of, or any consent to departure from, any of the terms or provisions of the Credit Agreement, any of the other Loan Documents, the Lender Swap Agreements or any agreement or instrument executed pursuant thereto, or of any other guaranty or security for the Guarantied Obligations, (c) the Guarantied Obligations, or any agreement relating thereto, at any time being found to be illegal, invalid or unenforceable in any respect, (d) the application of payments received from any source to the payment of indebtedness other than the Guarantied Obligations, even though Guarantied Party or the other Beneficiaries, or any of them, might have elected to apply such payment to any part or all of the Guarantied Obligations, (e) any failure to perfect or continue perfection of a security interest in any collateral which secures any of the Guarantied Obligations, (f) any defenses, set-offs or counterclaims which Company may assert against Guarantied Party or any Beneficiary in respect of the Guarantied Obligations, including but not limited to failure of consideration, breach of warranty, payment, statute of frauds, statute of limitations, accord and satisfaction and usury, and (g) any other act or thing or omission, or delay to do any other act or thing, which may or might in any manner or to any extent vary the risk of a Guarantor as an obligor in respect of the Guarantied Obligations.

  • Non-Discharge It is further agreed that the penalties described in this Settlement Agreement are non-dischargeable under United States Code, title 11, section 523(a)(7), which provides an exception from discharge for any debt to the extent such debt is for a fine, penalty, or forfeiture payable to and for the benefit of a governmental unit.