Employment Related Claim definition

Employment Related Claim means any dispute, claim, or controversy against the Company, including claims related to salary, bonuses, stock, options, vacation pay, fringe benefits, expense reimbursement, severance benefits, wrongful discharge, defamation, fraud, and breach of good faith and fair dealing, whether arising out of Employee's employment, the cessation of Employee's employment or any terms or conditions of Employee's employment, or arising out of this Agreement (including the restrictive covenant hereunder), which could have been brought before an appropriate government administrative agency or in an appropriate court. Arbitration pursuant to this Agreement shall be the exclusive means for resolution of such claims and the Company and the Employee understand that by signing this Agreement, they are waiving his right to obtain any legal or equitable relief from any government agency or court, or to commence any court action or to have a jury trial. Notwithstanding the foregoing, Employee does not waive his right to file a complaint with the Equal Employment Opportunity Commission pursuant to Title VII, the ADEA, and/or the OWBPA. The arbitrator's decision shall be final and binding. The arbitrator shall have the power to award all legal or equitable relief that would have been available in a court of law, including the costs of arbitration, to the extent such damages are allowed under law. Employee further acknowledges that he has been advised of his right to consult legal counsel with regard to this Agreement. The arbitration shall be governed by the laws of the State of Connecticut.
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Employment Related Claim means an Action for Indemnifiable Losses by or on behalf of any applicant for employment, employee, former employee or person claiming through or on behalf of any applicant for employment, employee or former employee, individually or in a class or group, that arises in connection with or relates to any aspect of the hiring process, the decision not to hire the applicant, the employee's or former employee's retention as an employee of a specified employer, the job assignment or performance of duties as such an employee, the terms or conditions of such employment, any accident, illness, injury or other harm of any nature arising in connection with or relating to such employment, or the termination of such employment. For purposes of this provision, the term "employee" shall include an individual who claims to have been a common-law employee, notwithstanding such individual's classification by the employer as an independent contractor or other non-employee.
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Employment Related Claim means any pending or potential claim, action, suit, arbitration, proceeding or other Liability that may directly or indirectly arise out of, or result from, any employment, labor, employee benefit, labor action or related dispute of any kind including, without limitation, any complaint or proceeding before any federal, state or local court, agency or tribunal.
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Examples of Employment Related Claim in a sentence

  • The Employee agrees to submit to binding arbitration for the resolution of any employment related controversy, dispute or claim ("Employment Related Claim").

  • If time has assumed the defence of an Employment Related Claim, Atmel shall not be liable for any costs and expenses (including legal counsel’s fees and costs of investigation) subsequently incurred by TSMC or Highbridge in connection with the defence of the Employment Related Claim.

  • Each of TSMC and Highbridge shall be entitled to participate in at its own cost and expense (including legal counsel’s fees and costs of investigation), but not to determine, control or conduct, the defence of such Employment Related Claim.

  • TSMC or Highbridge shall not agree to any settlement or compromise of, or an entry of any judgment arising from, any such Employment Related Claim except with the prior written consent of Atmel, even if such settlement or compromise given by the claimant or the plaintiff to Atmel constitutes a release from liability in respect of such Employment Related Claim.

  • Hawkins, and JAMM Golf, LLC vs Town of North Kingstown and North Kingstown Town Council), Subsection (2) – Potential Litigation (Employment Related Claim), and Subsection (2) – Negotiations (Fire Department – FLSA) – by the following Roll Call Vote: Doreen M.

  • An Employment Related Claim does not include a claim for workers' compensation benefits, an EEOC charge, or a claim under a benefit plan that provides for its own arbitration procedure, or any claim which by law is not subject to arbitration.

  • In determining whether Seller is deemed to have breached any of the Surviving Representations for purposes of this Section 8.2, the parties agree that the Surviving Representations shall not be deemed to be qualified or modified by any disclosure set forth in (i) the Disclosure Schedule which relates to any Employment- Related Claim (as defined in the Personnel Agreement) by or on behalf of any Former Business Employee (as defined in the Personnel Agreement) or (ii) Section 2.16 of the Disclosure Schedule.

  • States would be required to implement criminal history record checks of license applicants.


More Definitions of Employment Related Claim

Employment Related Claim has the meaning set forth in Section 6.9.
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Employment Related Claim means a claim or cause of action arising under or relating to ERISA, the National Labor Relations Act, Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act, the Fair Labor Standards Act, the WARN Act, the Americans with Disabilities Act, the Occupational Safety and Health Act, state or federal unemployment laws and all other Laws, including state and local Laws, pertaining to employees. Buyer shall cooperate with Sellers (at Sellers' expense) including by providing any information, documents and personnel reasonably requested by Sellers relating to such Employment-Related Claim and taking such action in connection with contesting such Employment-Related Claim as Sellers shall reasonably request and indemnification for such Employment Related Claim shall be subject to the terms of Article X including Section 10.3; and provided further, that nothing herein is intended to or shall (i) relieve "owners" (or "tenants" or lessees", as applicable) from liability that such persons would have under the applicable Management Agreements and practices in effect as of the Closing Date or (ii) relieve Buyer of its obligations under Section 5.9. Buyer shall have the right to directly participate and to have counsel selected by Buyer participate in all proceedings relating to Employment-Related Claims at Buyer's expense.
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Employment Related Claim means a claim alleging an employment practices violation, and that is defined as any actual or alleged:
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Employment Related Claim as used with respect to any Member, means: (a) any claim, whether groundless or otherwise, arising out of, incident to or in connection with, in whole or in part, (i) the death or bodily injury of any agent, servant, employee of such party to the extent caused or contributed to by such party, its agents, servants, employees or (ii) the damage, loss or destruction of any real or personal property owned or leased by the other party caused or contributed to by such first party, its agents, servants, employees; and (b) any claim, whether groundless or otherwise, arising out of, incident to or in connection with, in whole or in part, such first party's employment of or contracting with its agents, servants and employees, including any claims for employment payments, employment-related benefits or termination benefits to such party's agents, servants and employees and any discrimination, contract or tort claims concerning or involving such party's agents, servants and employees.
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Employment Related Claim means any claim with respect to any Employee Benefit Plan of Seller or any ERISA Affiliate or any Title IV Plan, any violation of ERISA, any breach of any employment or labor Contract or any unfair labor practice charges, grievances or complaints.
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Employment Related Claim means any Claim arising out of, or relating to, the Executive's employment by the Company, his services for the Company or any of its affiliates, his compensation from the Company and any of its affiliates, or his status as a consultant, employee, officer or director of the Company, or of any of its affiliates, or to the termination of any of the foregoing, including, without limitation, any such Claim that arises under the Age Discrimination in Employment Act of 1967, as amended (the "ADEA"); Title VII of the Civil Rights Act of 1964, as amended; the Americans with Disabilities Act of 1990, as amended; the Pennsylvania Human Relations Act; any other federal, state or local laws or regulations, any contract between any of the Company Releasees and the Executive; or any common law principle now or hereafter recognized.
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Related to Employment Related Claim

  • Post-Employment Period means the eighteen month period beginning on the date of termination of the Executive's employment with the Employer. If any covenant in this Section 8.2 is held to be unreasonable, arbitrary or against public policy, such covenant shall be considered to be divisible with respect to scope, time, and geographic area, and such lesser scope, time, or geographic area, or all of them as a court of competent jurisdiction may determine to be reasonable, not arbitrary, and not against public policy, shall be effective, binding, and enforceable against the Executive. The period of time applicable to any covenant in this Section 8.2 will be extended by the duration of any violation by the Executive of such covenant. The Executive shall, while the covenant under this Section 8.2 is in effect, give notice to the Employer, within ten days after accepting any other employment, of the identify of the Executive's employer. The Employer may notify such employer that the Executive is bound by this Agreement and, at the Employer's election, furnish such employer with a copy of this Agreement or relevant portions thereof.

  • income-related employment and support allowance means an income-related allowance under Part 1 of the Welfare Reform Act 2007;

  • Employment Termination Date means, with respect to a Participant, the first day upon which the Participant no longer has an employment or service relationship with the Company or any Related Company.

  • Employment Termination means the effective date of: (i) Executive’s voluntary termination of employment with the Company with Good Reason, or (ii) the termination of Executive’s employment by the Company without Good Cause.

  • Qualifying Termination of Employment means a Participant’s Termination of Employment (i) by the Company without Cause or (ii) by the Participant with or without Good Reason or by reason of Retirement.

  • Retained Employee does not include any individual who has a direct or an indirect ownership interest of at least five percent (5%) in the profits, equity, capital, or value of the Taxpayer, or a child, grandchild, parent, or spouse, other than a spouse who is legally separated from the individual, of any individual who has direct or indirect ownership interest of at least five percent (5%) of the profits, equity, capital or value of the Company.

  • Supported employment means the ongoing supports to participants who, because of their disabilities, need intensive ongoing support to obtain and maintain an individual job in competitive or customized employment, or self-employment, in an integrated work setting in the general workforce at or above the state’s minimum wage or at or above the customary wage and level of benefits paid by the employer for the same or similar work performed by individuals without disabilities. The outcome of this service is sustained paid employment at or above the minimum wage in an integrated setting in the general workforce in a job that meets personal and career goals. Supported employment services can be provided through many different service models.

  • Last day of paid employment means the last date employer and employee

  • Exculpated Claim means any claim related to any act or omission in connection with, relating to or arising out of the Debtors’ in or out-of-court restructuring efforts (including any and all actions associated with exploration and solicitation of financing/refinancing opportunities, sales or similar transactions, restructurings, the Chapter 11 Cases, formulation, preparation, dissemination, negotiation or filing of the Disclosure Statement or the Plan or any contract, instrument, release or other agreement or document created or entered into in connection with the Disclosure Statement or the Plan, the filing of the Chapter 11 Cases, the pursuit of confirmation of the Plan, the administration and implementation of the Plan, the issuance of the Series 2020 Note and the execution of 2020 Bond Documents, or the distribution of property under the Plan or any other related agreement; provided, however, that Exculpated Claims shall not include any act or omission that is determined in a Final Order to have constituted gross negligence, willful misconduct or fraud to the extent imposed by applicable non-bankruptcy law. For the avoidance of doubt, no Cause of Action, obligation or liability expressly established or preserved by the Plan or the Plan Supplement constitutes an Exculpated Claim.

  • Active Employment means you must be actively at work for the Sponsor:

  • Employment outcome means, with respect to an eligible individual, entering, advancing in, or retaining full-time or part-time competitive integrated employment as defined in 34 CFR §361.5(c) (9) (including customized employment, self-employment, telecommuting, or business ownership), or supported employment as defined in 34 CFR §361.5(c) (53), that is consistent with an individual's unique strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice. (Note: As specified in federal rule, a designated State unit may continue services to individuals with uncompensated employment goals on their approved individualized plans for employment prior to the effective date of the final federal regulations until June 30, 2017, unless a longer period of time is required based on the needs of the individual with the disability, as documented in the individual's service record.)

  • Related Claims means all Claims for Wrongful Acts based upon, arising out of, resulting from, or in any way involving the same or related facts, circumstances, situations, transactions or events or the same or related series of facts, circumstances situations, transactions or events, whether related logically, causally or in any other way.

  • Self-employment shall be where a Claimant sets up his/her own business and is responsible for paying his/her tax and National Insurance.

  • employment zone means an area within Great Britain designated for the purposes of section 60 of the Welfare Reform and Pensions Act 1999 and an “employment zone programme” means a programme established for such an area or areas designed to assist claimants for a jobseeker’s allowance to obtain sustainable employment;

  • Nonqualifying Termination means a termination of the Executive’s employment (1) by the Company for Cause, (2) by the Executive for any reason other than a Good Reason, (3) as a result of the Executive’s death or (4) by the Company due to the Executive’s absence from his duties with the Company on a full-time basis for at least 180 consecutive days as a result of the Executive’s incapacity due to physical or mental illness.

  • Supported employment services means provision of job training and supervision available to assist an individual who needs intensive ongoing support to choose, get, and keep a job in a community business setting. Supported employment is a service planned in partnership with public vocational assistance agencies and school districts and through Social Security Work Incentives when available.

  • Termination of Employment means that the Executive ceases to be employed by the Company for any reason, voluntary or involuntary, other than by reason of a leave of absence approved by the Company.

  • Retained Causes of Action means those Causes of Action that shall vest in the Reorganized Debtors on the Effective Date, which, for the avoidance of doubt, shall not include any of the Causes of Action that are settled, released or exculpated under the Plan.

  • self-employment route means assistance in pursuing self-employed earner’s employment whilst participating in—

  • Prior Employment Agreement has the meaning set forth in the recitals hereto.

  • Employment Date means the first date as of which an Employee is credited with an Hour of Service, provided that, in the case of a Break in Service, the Employment Date shall be the first date thereafter as of which an Employee is credited with an Hour of Service.

  • Employment benefits means all benefits provided or made

  • Accrued Professional Compensation means, at any given moment, all accrued, contingent and/or unpaid fees and expenses (including, without limitation, success fees) for legal, financial advisory, accounting and other services and reimbursement of expenses that are awardable and allowable under section 328, 330(a) or 331 of the Bankruptcy Code and were rendered before the Effective Date by any Retained Professional in the Chapter 11 Cases, or that are awardable and allowable under section 503 of the Bankruptcy Code, that have not been denied by a Final Order, all to the extent that any such fees and expenses have not been previously paid (regardless of whether a fee application has been filed for any such amount). To the extent that the Bankruptcy Court or any higher court denies or reduces by a Final Order any amount of a Retained Professional’s fees or expenses, then those reduced or denied amounts shall no longer constitute Accrued Professional Compensation.

  • Employment means any occupation, vocation or employment, or any form of vocational or educational training. Provided, however, that "employment" shall not, for the purposes of this article, include membership in any law enforcement agency.

  • Involuntary Termination of Employment means the Termination of Service by the Company or Subsidiary other than a termination for Cause, or termination of employment by a Participant Employee for Good Reason.

  • Disability benefits means any cash payments which are payable to a covered individual for all or part of a period of disability pursuant to P.L.1948, c.110 (C.43:21-25 et al.).