Common use of Termination by the Bank for Cause Clause in Contracts

Termination by the Bank for Cause. The Bank may terminate the Employee's employment, and this Agreement, for "just cause," by giving the Employee thirty (30) days written notice of discharge for "just cause," or paying the Employee his salary for the thirty (30) day notice period in lieu of giving notice. The Employee shall not be entitled to any severance pay if he is discharged for "just cause." The term "just cause," as used in this Agreement, includes, but is not limited to, the following: 1. The Employee's refusal or willful failure to perform duties appropriately assigned by the Bank's President or Board of Directors, unless the Employee is unable to perform such duties due to a disability amounting to a "serious health condition" as defined in the federal Family and Medical Leave Act; 2. The Employee's inability to perform duties appropriately assigned by the Bank's President or Board of Directors due to physical or mental disability, but only after all family leave available to the Employee under the federal Family and Medical Leave Act, and all short term and long term disability leave provided by any applicable American Bank Employee Handbook, has been exhausted; 3. An act or omission by the Employee which, if it occurred, would be either a felony under Florida law, or a misdemeanor involving moral turpitude under Florida law, regardless of whether or not the Employee is prosecuted for this crime, and if prosecuted, regardless of the eventual disposition of the case; 4. A serious act of misconduct in connection with work by the Employee, dishonesty in connection with ABI or subsidiary business, misrepresentations of Directors, breach of the Employee's duty of loyalty to ABI or subsidiaries, or any related corporations, through appropriation or attempted appropriation of corporate opportunities for the Employee's own advantage, or through other conflicts of interest where the Employee acts for the Employee's own personal benefit, instead of for the benefit of American Bank, ABI or other ABI subsidiaries (it is the express intention of the parties that concerns relating to the competence of the Employee, or the Employee's job performance, are not "misconduct" as defined in this sub-paragraph); and

Termination by the Bank for Cause. The Bank ABI may terminate the Employee's employment, and this Agreement, for "just cause," by giving the Employee thirty (30) days written notice of discharge for "just cause," or paying the Employee his salary for the thirty (30) day notice period in lieu of giving notice. The Employee shall not be entitled to any severance pay if he is discharged for "just cause." The term "just cause," as used in this Agreement, includes, but is not limited to, the following: 1. The Employee's refusal or willful failure to perform duties appropriately assigned by the BankABI's President or Board of Directors, unless the Employee is unable to perform such duties due to a disability amounting to a "serious health condition" as defined in the federal Family and Medical Leave Act; 2. The Employee's inability to perform duties appropriately assigned by the BankABI's President or Board of Directors due to physical or mental disability, but only after all family leave available to the Employee under the federal Family and Medical Leave Act, and all short term and long term disability leave provided by any applicable American Bank ABI or ABI subsidiary Employee Handbook, has been exhausted; 3. An act or omission by the Employee which, if it occurred, would be either a felony under Florida law, or a misdemeanor involving moral turpitude under Florida law, regardless of whether or not the Employee is prosecuted for this crime, and if prosecuted, regardless of the eventual disposition of the case; 4. A serious act of misconduct in connection with work by the Employee, dishonesty in connection with ABI or subsidiary business, misrepresentations of Directors, breach of the Employee's duty of loyalty to ABI or subsidiaries, or any related corporations, through appropriation or attempted appropriation of corporate opportunities for the Employee's own advantage, or through other conflicts of interest where the Employee acts for the Employee's own personal benefit, instead of for the benefit of American Bank, ABI or other ABI subsidiaries (it is the express intention of the parties that concerns relating to the competence of the Employee, or the Employee's job performance, are not "misconduct" as defined in this sub-paragraph); and

Termination by the Bank for Cause. The Bank may terminate the Employee's employmentemployment by American Bank, and this Agreement, for "just cause," by giving the Employee thirty (30) days written notice of discharge for "just cause," or paying the Employee his salary for the thirty (30) day notice period in lieu of giving notice. The Employee shall not be entitled to any severance pay if he is discharged for "just cause." The term "just cause," as used in this Agreement, includes, but is not limited to, the following: 1. The Employee's refusal or willful failure to perform duties appropriately assigned by the Bank's President or Board of Directors, unless the Employee is unable to perform such duties due to a disability amounting to a "serious health condition" as defined in the federal Family and Medical Leave Act; 2. The Employee's inability to perform duties appropriately assigned by the Bank's President or Board of Directors due to physical or mental disability, but only after all family leave available to the Employee under the federal Family and Medical Leave Act, and all short term and long term disability leave provided by any applicable American Bank subsidiary Employee Handbook, has been exhausted; 3. An act or omission by the Employee which, if it occurred, would be either a felony under Florida law, or a misdemeanor involving moral turpitude under Florida law, regardless of whether or not the Employee is prosecuted for this crime, and if prosecuted, regardless of the eventual disposition of the case; 4. A serious act of misconduct in connection with work by the Employee, dishonesty in connection with ABI or subsidiary business, misrepresentations of Directors, breach of the Employee's duty of loyalty to ABI or subsidiaries, or any related corporations, through appropriation or attempted appropriation of corporate opportunities for the Employee's own advantage, or through other conflicts of interest where the Employee acts for the Employee's own personal benefit, instead of for the benefit of American Bank, ABI or other ABI subsidiaries (it is the express intention of the parties that concerns relating to the competence of the Employee, or the Employee's job performance, are not "misconduct" as defined in this sub-paragraph); and