JUST CAUSE AND DISCIPLINE Sample Clauses

JUST CAUSE AND DISCIPLINE. The Employer shall not have the right to discipline employees and to discharge employees except for just cause. Discipline shall be, in general, directed at correcting performance problems, except in situations when the nature of the offense is cause for immediate discharge such as serious misconduct, as defined by the Employer’s policies. Discipline may include oral reprimands, written reprimands, suspension and discharge. The Employer may skip steps in the discipline process based upon the seriousness of the offense in accordance with just cause. At every step of the disciplinary process, the Employer shall provide an explanation for each action taken. The Employer’s current practice is that in general, twelve
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JUST CAUSE AND DISCIPLINE. The Employer shall not have the right to discipline employees and to discharge employees except for just cause. Discipline shall be, in general, directed at correcting performance problems, except in situations when the nature of the offense is cause for immediate discharge such as serious misconduct, as defined by the Employer’s policies. Discipline may include oral reprimands, written reprimands, suspension and discharge. The Employer may skip steps in the discipline process based upon the seriousness of the offense in accordance with the provisions of just cause. At every step of the disciplinary process, the Employer shall provide an explanation for each action taken. The Employers current practice is that after twelve (12) consecutive months without like incident that results in discipline, the Employee may request to have the discipline removed from their file. It is up to the Employee or Union Representative/Advocate to request such discipline be removed. If the Employee does not request the discipline be removed from their file and the employee receives another like discipline after twelve
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JUST CAUSE AND DISCIPLINE a) It is hereby agreed that the Employer has the right to discharge or discipline for just cause. The burden of proof of just cause shall rest with the Employer. b) The Employer shall provide the Employee with a statement, in writing, of the disciplinary action being taken and the reasons for such action, at the time of taking any such action, copied to the Union. c) An oral warning or reprimand shall not be deemed to be a disciplinary measure.
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JUST CAUSE AND DISCIPLINE. A. No teacher shall be disciplined without just and sufficient cause. B. A teacher has the right to be informed of the alleged charges. C. A teacher has the right to question his/her accusers, or, in the case of minors, have these accusers questioned by appropriate authorities or representatives of the Board and the Association. D. A teacher has the right to present evidence in his/her defense. X. Once the administrator is aware discipline may occur the teacher must be advised of a right to union representation. 1. In communications that result in the discovery of adverse information that may lead to disciplinary action, the teacher will then be advised of his/her right to be represented. 2. When the teacher requests such representation, no action shall be taken with respect to the teacher until such representation is present. F. The Board agrees to follow a practice of progressive discipline and any disciplinary action taken against a teacher shall be appropriate to the behavior which precipitates said action.
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JUST CAUSE AND DISCIPLINE. The Employer shall not have the right to discipline employees and to discharge employees except for just cause. Discipline shall be, in general, directed at correcting performance problems, except in situations when the nature of the offense is cause for immediate discharge such as serious misconduct, as defined by the Employer’s policies. Discipline may include oral reprimands, written reprimands, suspension and discharge. The Employer may skip steps in the discipline process based upon the seriousness of the offense in accordance with the provisions of just cause. At every step of the disciplinary process, the Employer shall provide an explanation for each action taken. The Employer’s current practice is that in general, twelve (12) months without any disciplinary action will result in the last step being removed from consideration The Employers current practice is that after twelve (12) consecutive months without like incident that results in discipline, the Employee may request to have the discipline removed from their file. It is up to the Employee or Union Representative/Advocate to request such discipline be removed. If the Employee does not request the discipline be removed from their file and the employee receives another like discipline after twelve (12) months, the Employer shal not consider the discipline when determining the level of reprimand, except in extraordinary circumstances as defined by the Employer.. The Employer will notify the Union if extraordinary circumstances result in the Employer determining that a specific discipline will roll off at a date certain beyond the general rule of twelve (12) months. If Addus disciplines an employee, Addus will make commercially reasonable efforts to discipline the employee in private and in a manner that is not intended to embarrass the employee before other employees, clients, or the public.
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JUST CAUSE AND DISCIPLINE. A. No teacher shall be disciplined without just and sufficient cause. B. A teacher has the right to be informed of the alleged charges. C. A teacher has the right to question his/her accusers, or, in the case of minors, have these accusers questioned by appropriate authorities or representatives of the Board and the Association. D. A teacher has the right to present evidence in his/her defense. E. A teacher shall be advised of the right to be represented by the Association prior to any disciplinary situation/action including investigative meetings or interviews which may adversely affect his/her employment status. 1. In communications that result in the discovery of adverse information that may lead to disciplinary action, the teacher will then be advised of his/her right to be represented. 2. When the teacher requests such representation, no action shall be taken with respect to the teacher until such representation is present. F. The Board agrees to follow a practice of progressive discipline and any disciplinary action taken against a teacher shall be appropriate to the behavior which precipitates said action.
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JUST CAUSE AND DISCIPLINE. The Employer shall not have the right to discipline employees and to discharge employees except for just cause. Discipline shall be, in general, directed at correcting performance problems, except in situations when the nature of the offense is cause for immediate discharge such as serious misconduct, as defined by the Employer’s policies. Discipline may include oral reprimands, written reprimands, suspension and discharge. The Employer may skip steps in the discipline process based upon the seriousness of the offense in accordance with the provisions of just cause. At every step of the disciplinary process, the Employer shall provide an explanation for each action taken. The Employer’s current practice is that in general, twelve (12) months without any disciplinary action will result in the last step being removed from consideration. The Employer will notify the Union if extraordinary circumstances result in the Employer determining that a specific discipline will roll off at a date certain beyond the general rule of twelve (12) months. If Addus disciplines an employee, Addus will make commercially reasonable efforts to discipline the employee in private and in a manner that is not intended to embarrass the employee before other employees, clients, or the public.
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JUST CAUSE AND DISCIPLINE. An employee who has successfully completed a probationary period will not be disciplined or discharged without just cause. Verbal or written counseling memos shall not be considered discipline. The principle of progressive discipline will govern to give the employee notice regarding problems with their conduct or performance and an opportunity to correct. However, progressive discipline may be bypassed depending upon individual circumstances and the nature of the violation (e.g., gross misconduct; physical abuse of staff and/or patients; fraud; destruction and/or theft of HealthRIGHT 360 property). Written notices of discipline or discharge shall include the events or actions for which the notice is being issued. An employee shall receive such notices during the employee’s regularly scheduled work schedule except in cases where issues of harassment and safety are at issue. An employee may request the attendance of a union representative or a shop xxxxxxx prior to or during an investigatory interview where the employee reasonably believes discipline may result from such investigatory interview or where disciplinary actions may be taken. Disciplinary investigations will be started within ten business days of the Human Resources Department having knowledge of the issue that may give rise to discipline. Employees may be placed on administrative leave during a disciplinary investigation and such administrative leave will be paid and will not last longer than six weeks and may be extended by mutual agreement. Warning notices shall not be used as a basis for discipline after a period of 10 months.
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Related to JUST CAUSE AND DISCIPLINE

  • Without Cause; For Good Reason If the Executive’s employment is terminated by the Company without Cause before expiration of the Term, or if the Executive resigns for Good Reason before expiration of the Term, the Company shall have no further payment obligations to the Executive or his legal representatives, other than for payment of: (1) in a lump sum in cash within thirty (30) days after the Date of Termination (or such earlier date as required by applicable law) the Accrued Obligations; (2) the Accrued Incentives, which shall be payable in accordance with the terms and conditions of the Incentive Plans; (3) subject to Section 4(f) below, a lump-sum cash payment, to be made on the first normal payroll date following the Release Consideration Period (the “Initial Severance Payment Date”) in an amount equal to (x) the average of the annual bonuses paid to the Executive for the three immediately preceding completed fiscal years, or (y) if upon the Date of Termination the Executive has not been employed for three complete fiscal years, then the average of the annual bonuses paid to the Executive for the years employed with the Company (the “Average Bonus”); and (4) subject to Section 4(f) below, beginning on the Initial Severance Payment Date and thereafter in accordance with the customary payroll practices of the Company, continuation of the Executive’s Base Salary in effect on the Date of Termination (“Salary Continuation Payments”) for a period of 12 months. Any installments of the Severance Payments that, in accordance with customary payroll practices, would have typically been made during the Release Consideration Period shall accumulate and shall then be paid on the Initial Severance Payment Date. The Average Bonus together with the Salary Continuation Payments shall be referred to collectively as the “Severance Payments”.

  • Termination of Employment Without Cause At any time during the Term of Employment under this Agreement, either Arrow or the Bank may effect, pursuant to this Paragraph 7(b), and in accordance with the requirements set forth in Paragraph 11(gg) below, a Termination of Employment of Executive without Cause, provided, however, that any attempt to do so under circumstances that would also qualify such Termination of Employment as a Termination of Employment of Executive without Cause under Paragraph 6(a) of this Agreement, that is, as a Termination of Employment of Executive without Cause following a Change in Control that meets the conditions set forth in Paragraph 6(a), will be deemed a Termination of Employment of Executive without Cause under Paragraph 6(a), and not a Termination of Employment of Executive without Cause under this Paragraph 7(b). In the event of a Termination of Employment of Executive without Cause under this Paragraph 7(b), on the effective date of such Termination of Employment, and subject to the satisfaction of the conditions specified below in Section 8, Arrow or the Bank shall pay to the Executive, and the Executive shall be entitled to receive, one (1) lump sum payment in a dollar amount equal to the greater of (i) the total amount of Base Salary payments which would have been payable to the Executive during the period extending from such effective date until the normal expiration date of Employment under this Agreement as in effect at such time, had there been no early Termination of Employment of Executive without Cause (and assuming the Executive otherwise would have remained employed throughout such period and that his Base Salary would have remained unchanged throughout such period), or (ii) an amount equal to one hundred percent (100%) of the current Base Salary of the Executive on the effective date of such Termination of Employment.

  • OBLIGATIONS SURVIVE TERMINATION OF EMPLOYMENT Executive agrees that any and all of Executive’s obligations under this Agreement, including but not limited to Exhibits B and C, shall survive the termination of employment and the termination of this Agreement.

  • For Cause Termination If Executive’s employment with the Company is terminated by the Company for Cause, Executive shall not be entitled to any further compensation or benefits other than: (i) any accrued but unpaid Base Salary; (ii) any accrued but unused paid time off, (iii) reimbursement for any business expenses properly incurred by Executive prior to the date of termination in accordance with Section 4(b) hereof; and (iv) vested benefits, if any, to which Executive may be entitled under the Company’s employee benefit plans as of the date of termination (collectively, the “Accrued Benefits”). The Accrued Benefits shall in all events be payable on the Company’s first regularly scheduled payroll date which occurs at least ten (10) days after the date of termination (other than Base Salary, which shall be payable as provided in Section 3(a) hereof).

  • Without Cause or for Good Reason If, during the Employment Period, the Company shall terminate the Executive's employment without Cause or the Executive shall terminate his employment for Good Reason: (i) The Executive shall be paid, in a single lump sum payment within 60 days after the Date of Termination, the aggregate amount of (A) the Executive's earned but unpaid Base Salary and accrued vacation pay through the Date of Termination, and any Annual bonus required to be paid to the Executive pursuant to Section 2(b)(ii) above for any fiscal year of the Company that ends on or before the Date of Termination to the extent not previously paid (the "Accrued Obligations"), and (B) two (the "Severance Multiple") times the sum of (x) the annual Base Salary in effect on the Termination Date plus (y) the average Annual Bonus received by the Executive for the three complete fiscal years (or such lesser number of years as the Executive has been employed by the Company) of the Company immediately prior to the Termination Date (the "Severance Amount"); (ii) At the time when annual bonuses are paid to the Company's other senior executives for the fiscal year of the Company in which the Date of Termination occurs, the Executive shall be paid an Annual Bonus in an amount equal to the product of (x) the amount of the Annual Bonus to which the Executive would have been entitled if the Executive's employment had not been terminated, and (y) a fraction, the numerator of which is the number of days in such fiscal year through the Date of Termination and the denominator of which is the total number of days in such fiscal year (a "Pro-Rated Annual Bonus"); (iii) For a period of years equal to the Severance Multiple, the Company shall continue to provide the Executive and the Executive's eligible family members with group health insurance coverage at least equal to that which would have been provided to them if the Executive's employment had not been terminated; provided, however, that if the Executive becomes re-employed with another employer and is eligible to receive group health insurance coverage under another employer's plans, the Company's obligations under this Section 4(a)(iii) shall be reduced to the extent comparable coverage is actually provided to the Executive and the Executive's eligible family members, and any such coverage shall be reported by the Executive to the Company. (iv) The Company shall, at its sole expense and on an as-incurred basis, provide the Executive with outplacement services the scope and provider of which shall be reasonable and consistent with industry practice for similarly situated executives; and (v) To the extent not theretofore paid or provided, the Company shall timely pay or provide to the Executive any vested benefits and other amounts or benefits required to be paid or provided or which the Executive is eligible to receive under any plan, program, policy or practice or contract or agreement of the Company and its affiliates (such other amounts and benefits shall be hereinafter referred to as the "Other Benefits"). Notwithstanding the foregoing, it shall be a condition to the Executive's right to receive the amounts provided for in Sections 4(a)(i)(B) and 4(a)(ii), (iii) and (iv) above that the Executive execute, deliver to the Company and not revoke a release of claims in substantially the form attached hereto as Exhibit A.

  • Termination Without Cause or Resignation for Good Reason If the Executive’s employment with the Company is terminated by the Company (other than for Cause, Disability or death) or the Executive resigns for Good Reason during the Term, then the Executive shall be entitled to the following benefits, subject to compliance, where applicable, with the requirements in Section 4.4 below regarding release of claims, the Company shall: (a) pay to the Executive in a lump sum (i) any unpaid base salary of the Executive, (ii) any accrued but unused and unpaid vacation pay of the Executive, (iii) any earned and unpaid bonuses of the Executive, and (iv) the amount of any unpaid compensation previously deferred by the Executive (together with any accrued interest or earnings thereon) (provided that this clause (iv) shall not cause accelerated payment of amounts subject to Section 409A (as defined below) if not provided for under the terms by which such amounts were or are deferred), in each case of clauses (i) through (iv) through the Date of Termination (collectively, the “Accrued Obligations”); (b) continue to provide to the Executive in accordance with the Company’s ordinary payroll practices, the Executive’s base salary for a period of time after the Date of Termination equal to 12 months (the “Severance Period”), with payments beginning as provided in 4.4 below; (c) if and while the Executive and his or her family qualifies for and elects to participate in continuation health coverage under Section 4980B of the Code (“COBRA”), the Company will continue to pay the share of the premium for such coverage that it pays for active and similarly-situated employees who receive the same type of coverage until the earlier of (i) the end of the Severance Period or (ii) the date the Executive’s COBRA continuation coverage expires, unless the Company’s providing payments for COBRA will violate the nondiscrimination requirements of applicable law, in which case this benefit will not apply; and (d) to the extent not previously paid or provided, the Company shall timely pay or provide to the Executive any other amounts or benefits required to be paid or provided or which the Executive is eligible to receive following the Executive’s termination of employment under any plan, program, policy, practice, contract or agreement of the Company (collectively, the “Other Benefits”).

  • Termination Without Cause; Resignation for Good Reason If during the term of this Agreement, either (A) the Executive's employment with the Company and/or any of its parent, subsidiaries or affiliates is terminated for any reason other than death, disability (as defined in Section 5(e) hereof) or for Cause (as such term is defined in Section 5(a)(ii) hereof), or (B) the Executive resigns for Good Reason (as such term is defined in Section 5(a)(iii) hereof) from employment with the Company and/or any of its parent, subsidiaries or affiliates, the Executive shall be entitled (C)(x) to receive his then current Base Salary for a period of twelve (12) months from the termination or resignation date, payable at such times as such Base Salary would be payable as if no such termination or resignation had occurred, (C)(y) (1) to continue participation in the plans and arrangements described in clauses (b) and (f) of Section 4 hereof (to the extent permissible by law and the terms of such plans and arrangements) for a period of twelve (12) months after such termination or resignation (the "Continuation Period"), or (C)(y)(2) to the extent at any time following termination of this Agreement and during the Continuation Period that the plans and arrangements described in clauses (b) and (f) of Section 4 hereof are discontinued or terminated and no comparable plans in which the Executive is permitted to continue participation are established in their place, then to receive a gross bonus payment in an amount which after payment therefrom of all applicable federal and state income and employment taxes, will equal the cost to the Company at the time of the termination, resignation or discontinuation of any such plans, attributable to the Executive's participation in the plans and arrangements described in clauses (b) and (f) of Section 4 hereof for the Continuation Period less any portion thereof in which the Executive has continued his participation in such plans and arrangements described in clauses (b) and (f) of Section 4 hereof in accordance with subsection 5(b)(C)(y)(1) above; which payment shall be due following termination or resignation of the Executive's employment immediately upon the date of termination, resignation or discontinuation of any such plan, and (C)(z) to have all stock options which have been granted to the Executive to immediately become fully exercisable and to remain exercisable for a period of three (3) months after the employment termination date in accordance with the terms of the Plans and the relevant stock option agreement, provided, however, that if the provisions of Section 5(c) are applicable to such termination or resignation of employment, the Executive's rights shall be governed by Section 5(c).

  • Termination Without Cause; Termination for Good Reason Subject to Section 6(b) below, upon termination of the Employee’s employment with the Company by the Company without Cause (as defined in Section 5(f) below) or by the Employee for Good Reason (as defined in Section 5(f) below), other than as a result of death or Disability, the Company shall pay to or provide the Employee the following: (1) any unpaid base salary the Employee has earned through the date of termination, (2) any unpaid annual bonus that the Employee has earned with respect to a year ending prior to such termination, (3) 12 months of the Employee’s then current base salary paid on the Company’s normal payroll dates, (4) the pro-rated portion (based on the number of days in the year completed through the date of termination) of the Employee’s target bonus for the year of termination (paid on the normal date for the payment of the bonus), such amount to be paid only if the Employee has met his pro-rated objective performance targets through the date of termination, (5) an amount equal to the Employee’s target bonus for the year of termination, (6) the costs of COBRA continuation coverage for the Employee and his dependents from the date the Employee’s employment terminates through the earlier of (A) the first anniversary of such termination and (B) the date on which the Employee becomes entitled to health coverage of a similar type from another employer, plus/less (7) any positive/negative accrued vacation days. In addition to the foregoing, upon a termination of the Employee’s employment described in this Section 5(b), any stock options, stock appreciation rights, performance shares, restricted stock, share rights and all other similar types of equity incentives held by the Employee immediately prior to the termination of the Employee’s employment that, but for the termination of the Employee’s employment, would have become vested and, if applicable, exercisable by the first anniversary of the date of his termination of employment, will become immediately vested and, if applicable, exercisable. No amount shall be payable and no benefits shall be provided pursuant to this Section 5(b) until the Employee has executed a release and waiver agreement (substantially in the form attached hereto as Schedule C) releasing and waiving any claims against the Company and in which the Company releases and waives claims against the Employee and if the Employee is serving as a Director of the Company a valid and effective resignation from the Board unless the Employee beneficially owns, directly or indirectly, 5% or more of the Company’s Common Stock.

  • Without Cause or With Good Reason If the Company terminates the Executive’s employment without Cause (as defined below), or the Executive resigns for Good Reason (as defined below), then, provided that the Executive executes and delivers, and does note revoke, a general release of claims in a form reasonably satisfactory to the Company (i) the Company shall pay an amount equal to twelve months of the Executive’s Base Salary (at the rate in effect at the time of termination), and (ii) the Company shall make payment of a prorated portion of the Performance Bonus to which the Executive would otherwise be entitled, if any, for the calendar year in which Executive’s employment with the Company terminates, pursuant to the payment schedule in the following sentence (collectively, the “Severance Payments”). Base Salary severance payments will be made in equal installments on the days regular payments are made to Company employees. The prorated portion of the Performance Bonus, if any, will be paid on the date that bonus payments are made to current Company employees, or on the regular payroll day that the Company makes the first Base Salary severance payment, whichever is later. Provided that the Executive properly elects COBRA continuation coverage, the Company will reimburse the Executive for the cost of the insurance premiums for such coverage. The Executive will be eligible to receive such reimbursement until the earliest of (i) the twelve-month anniversary of the Executive’s termination, (ii) the date the Executive is no longer eligible to receive COBRA continuation coverage; and (iii) the date on which the Executive becomes eligible to receive substantially similar coverage from another employer. In addition, the Option grant shall provide that if the Company terminates the Executive’s employment without Cause, or the Executive resigns for Good Reason, then the shares underlying the option grant that would otherwise (absent the termination) have vested in the 12 months following the Executive’s termination shall accelerate and become fully-vested as of the date of the Executive’s termination. In no event shall the Executive or the Executive’s estate or beneficiaries be entitled to any of the payments or benefits set forth in this Section 6.2 upon termination of the Executive’s employment by reason of his disability or death.

  • Termination for Cause or Resignation without Good Reason If, during the Term of this Agreement, Executive’s employment is terminated by the Company for Cause, or Executive resigns his employment hereunder without Good Reason, the Company shall pay Executive the Termination Amounts, less standard deductions and withholdings. The Company shall thereafter have no further obligations to Executive under this Agreement, except as otherwise provided by law.

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