Termination and Severance Pay. A. In the event Employee is terminated by the Board before the expiration of the term of this agreement without just cause, and during that time Employee is willing and able to perform his duties under this Agreement, the Board shall continue to pay Employee's salary for a period of four (4) months after the date of termination (the "Severance Period") and shall continue Employee's then current health insurance coverage for a period of four (4) months. In the event Employer is not able to maintain Employee's health insurance coverage pursuant to the terms of the Township health insurance plan, then Employer shall pay to Employee, for a period of four (4) months, the cost of health insurance premiums at a rate that will continue substantially similar health benefits for Employee and Employee's family, if applicable, as provided under the then current township health insurance plan. In addition, the Board shall pay the cash value of any accrued vacation time. All of the above shall hereinafter be referred to as the Severance Compensation. The parties agree that this Severance Compensation shall constitute Employee's sole and exclusive remedy for termination without just cause
B. In the event Employee is terminated by the Board before the expiration of the term of this agreement with just cause, the Board shall have no obligation to pay the Severance Compensation set forth in Section 3A.
C. In the event the Board, at any time during the term of this Agreement, reduces the salary or other financial benefits of Employee in a greater percentage than an applicable across- the-board reduction for all employees of the Board, or in the event the Board refuses, following written notice, to comply with any other provision benefiting Employee herein, or Employee resigns following a written request by the Board that he resign, then, in that event, Employee may, at his option, be deemed to be "terminated without just cause" as of the date of such reduction, refusal to comply, or written request and Employee shall be entitled to the Severance Compensation as set forth in Section 3A. as if he were terminated without cause. For the purposes of this paragraph, the Board's failure to grant Employee a raise equivalent to that given any or all other Township Employees shall not be deemed a "reduction" as provided herein.
D. In the event Employee desires to voluntarily resign his position with the Board before the expiration of the above term of this employment, then Employee sh...
Termination and Severance Pay. A. In the event the Employee is terminated pursuant to Paragraph B hereof and the Employee is willing and able to perform the duties of the position under this agreement, upon execution of a Separation Agreement and General Release, the Employer agrees to pay the Employee a lump sum cash payment equal to three (3) months aggregate annual salary, exclusive of other forms of compensation, less standard withholdings, in addition to the continuation of medical, dental and vision insurance benefits during the three (3) month period immediately following the date of termination. However, in the event the Employee is terminated because the Employee has been convicted of a misdemeanor or a felony, or if the County determines that the Employee has engaged in unprofessional and improper practice, other than negligence, and breach of public trust, including but not limited to illegal acts involving personal gain, or moral turpitude, the County shall be entitled to terminate the Employee immediately without any severance pay, or medical, dental and vision insurance continuation aside from COBRA.
B. In the event the Employer at any point during the term of this agreement reduces the salary or other financial benefits of the Employee in a greater percentage than reductions to all other employees of Employer, or if Employer refuses, following a written request to comply with any provision benefiting Employee herein; or the Employee resigns following a suggestion, whether formal or informal, by the County Administrator that he or she resign, then, in that event, Employee may, at his or her option, be deemed to be terminated at the date of such reduction or refusal to comply within the meaning and context of the herein severance pay provision.
C. In the event the Employee voluntarily resigns his or her position with the County as Director of MIS then the Employee shall give the County thirty (30) days written notice in advance, unless the parties otherwise agree. The provision for severance pay and continuation of employment benefits detailed in SECTION 3, Paragraph A shall not apply to a voluntary resignation.
Termination and Severance Pay. A. In the event that Manager is terminated by a majority vote of the Board while Manager continues to be willing and able to perform his duties under the Agreement, USD agrees to pay Manager equal payments over an agreed upon period of time equal to Manager’s monthly salary multiplied by nine (9). Manager shall also be compensated for all accrued vacation time. The District agrees to continue medical, dental and vision benefits for six (6) months. Such severance pay and benefits shall not be due or payable if the Manager is terminated for willful misconduct, dishonesty, or fraud in office; willing destruction, theft, misappropriation or misuse of District property; or after being convicted of a felony; or any action involving moral turpitude. However, if Manager is terminated by a majority vote of the Board because of his commission of a felony, an act or action which constitutes moral turpitude for personal gain to him, is not in good standing due to acts which bring potential civil liability to the District or is unwilling or unable to adequately perform the duties of a General Manager, then in any of these events, USD shall have no obligation to pay the aggregate severance sum designated in this paragraph. It is specifically agreed that Manager serves at the pleasure of the Board as an at-will employee, subject to the termination and severance provisions contained herein.
B. Except for a termination involving the commission of any illegal act, or falling to remain in good standing as set forth in Section 3 A, above, the Manager may not be terminated by the USD within the three’ (3) months preceding or following a General Election where one or more Board seats are contested on the ballot of such election (the “election cool- off period”).
C. In the event the District terminates Manager for cause, the District and the Manager agree that neither Party shall make any written or oral statements to members of the public or press concerning the Manager’s termination which are not factual, or which are of a slanderous nature.
D. If Manager is permanently disabled or is otherwise unable to perform his duties because of sickness, accident, injury, or mental incapacity for a period in excess of 6 months, the District shall have the option to terminate this agreement without further payment of compensation and benefits (except as required by State or Federal Law). Disability will preclude severance benefits.
Termination and Severance Pay. Employee’s employment shall continue until terminated as follows:
A. By death or permanent disability of Employee; or
B. By resignation of Employee, which requires that Employee shall give the County not less than sixty (60) calendar days prior written notice of termination; or
C. By action of the Board of Supervisors, in which case Employee shall have no right of appeal.
1. In the event Employee is terminated without cause while he is willing and able to successfully perform his duties under this Agreement, then Employer agrees to pay Employee, in lump sum, severance pay at the first practical payroll date following such termination in an amount equal to the aggregate of three (3) months salary, plus all paid leave accrued in accordance with the County’s Personnel Policies in effect at the time, and plus any other benefit costs that the County would have paid on Employee’s behalf for a period of three (3) months on the same terms as if Employer had not terminated Employee without cause. Except for the severance pay and benefits set forth in this paragraph, Employee shall not be entitled to any other compensation or benefits provided in this Agreement after the date of his termination other than those required by federal or state law. The lump sum severance payment shall be subject to required federal and state withholding taxes and shall be allocated to the (3) month period following the termination as provided for in the Virginia Unemployment Compensation Act.
2. In the event that the Employee is terminated with cause as provided below, the Employer shall have no obligation to pay any severance amount, nor shall Employee have any right to receive any severance pay:
a. Conviction of any criminal offense or illegal act (excluding minor traffic misdemeanors) under the laws of Virginia, the laws of the United States or other of its several states; or
b. Conviction of any crime or illegal act involving moral turpitude; or
c. Deliberate misconduct such as misappropriation of funds or property of the County or accepting bribes or kick-backs in connection with any transaction or contract on behalf of the County; or
d. Willful misfeasance or malfeasance in office, or
e. Inability to perform responsibilities of the office of County Attorney on a daily basis due to a mental or physical impairment for a period exceeding two (2) consecutive months of absence from Employee’s duties as County Attorney.
Termination and Severance Pay. Both the Bank and Officer acknowledge that the Officer’s employment is “at will,” and may be terminated by either party at any time, with or without Cause, by giving notice to the other party as set forth below. Upon termination of Officer’s employment with Bank, Officer will be entitled to severance pay as set forth below.
a. The Officer’s employment under this Agreement shall be terminated upon the death of the Officer during the term of this Agreement, in which event, the Officer’s estate shall be entitled to receive the compensation due the Officer through the last day of the calendar month in which the Officer’s death shall have occurred and for a period of one (1) month thereafter.
b. The Officer’s employment under this Agreement may be terminated at any time by the Officer upon sixty (60) days prior written notice to the President. Upon such termination, the Officer shall be entitled to receive compensation through the effective date of such termination. Upon receipt of such a notice from the Officer, the Bank shall have the option, in its sole discretion, of accepting Officer’s resignation effective immediately and paying the Officer’s for the 60-day notice period, either in the form of salary continuation or in a lump sum payment.
c. The Bank may terminate the Officer’s employment at any time upon sixty (60) days prior written notice. Upon such termination, the Officer shall be entitled to receive compensation through the effective date of such termination, unless the termination is as a result of a “change of control”, in which event, the Officer shall be entitled to receive Officer’s monthly base salary for a period of 24 months and the Bank will continue to pay its portion of the cost of Officer’s medical insurance coverage for a period of 12 months provided that the Officer elects COBRA continuation coverage within the time allowed by law and provided that the Officer continues to pay Officer’s portion of the cost of his/her medical coverage on a timely basis. For purposes of this Paragraph 8(c), the Officer’s employment with the Bank shall be deemed to have been terminated by the Bank as a result of a “change in control” if (i) the Bank experiences a “change of control,” meaning the Bank is acquired by another bank or other entity, whether as the result of an asset purchase or stock sale, and the Bank is not the surviving entity or the Bank merges with another bank or entity and the Bank is not the surviving entity; and (ii) as a result of th...
Termination and Severance Pay. In the event of permanent termination of an employee by the Company, other than by discharge for just cause, such employee will be entitled to notice or pay in lieu of notice in accordance with the Employment Standards Termination of Employment. In the event of the Company deciding permanently to close the Plant, any employee whose continuous service shall not have been broken prior to the date of closing, whose job shall be discontinued shall be entitled to severance pay according to the following: Four hundred dollars ($400) per year of continuous service with the Company or severance pay in accordance with the provisions of the Employment Standards Act, whichever is greater. Severance pay as above is separate and in addition to termination pay.
Termination and Severance Pay. A. The Secretary serves at the pleasure of the Council, and the Secretary’s employment may be terminated by the Council at any time for any reason.
B. In the event Secretary is terminated by the Council and Secretary is then willing and able to perform all the duties of the City Secretary under this Agreement, then, in that event, the City agrees to pay the Secretary twelve (12) months full salary and three (3) months Health Insurance, payable in monthly installments at the same time as employees of the City are paid. Additionally, City agrees to pay Secretary the value of all accrued leave accrued by, or credited to, the Secretary prior to the termination as follows: Secretary shall be compensated for ninety percent (90%) of all accrued vacation leave and for one hundred percent (100%) of up to five hundred (500) hours of accrued sick leave. Secretary will be entitled to any other benefits (excluding accrued leave) on the same basis as any other employee of the City.
C. The City will not be obligated to pay the payment set forth in paragraph B of this section if:
1. Secretary is terminated for willful breach, disregard, or habitual neglect of duties or failure to follow directions of the Council that have been formally communicated to Secretary. As used in this paragraph, the terms "disregard or habitual neglect of duties" shall mean regular neglect of, disregard of, ignoring of or overlooking of duties of the job for which the Secretary is hired. As used in this paragraph, the term "willful breach" shall mean the intentional doing of some act with the knowledge that it is contrary to or in violation of formally communicated directions of the Council, save and except for directions, which the Secretary reasonably believes would require him to violate a law, ordinance or regulation from a governmental body or agency;
2. Secretary is terminated for misconduct involving an act of moral turpitude or of illegality. As used in this paragraph the term "moral turpitude" shall mean an act of baseness, vileness or depravity in the private and social duties which a person owes to another person in society and contrary to accepted and customary actions; and as used in this paragraph, the term "illegality" shall mean any action by Secretary in violation of any criminal statute, law, charter, regulation or ordinance of any governmental body or agency, save and except for class “C” misdemeanors under Texas State law; or
3. Secretary voluntary resigns the position of Cit...
Termination and Severance Pay. Employees who terminate their employment with the City for any reason shall have their termination pay computed in the following manner.
(A) They shall be compensated for any earned vacation and bonus vacation including any vacation carried over from the previous year plus vacation earned the year in which the in the employee terminated. The computation of the vacation earned in the year in which the employee terminated shall be in accordance with the following table: Entitled to 2 weeks - 0.916 x the number of months worked Entitled to 3 weeks - 1.333 x the number of months worked Entitled to 4 weeks - 1.750 x the number of months worked Entitled to 5 weeks - 2.166 x the number of months worked Entitled to 6 weeks - 2.583 x the number of months worked
(B) In addition to the above, the employee shall be paid for any holidays worked for which he has not been compensated either in the form of pay or time off. If the employee was entitled to discretionary holidays and has not taken them and terminates on or before June 30, they shall receive pay for one (1) discretionary holiday. If the employee terminates after June 30, they shall receive pay for two (2) discretionary holidays.
(C) Employees who retire or die or who separate in good standing from employment after twenty-five (25) years of service shall also receive severance pay for unused sick time in accordance with the provisions of Section 2125.67, Accumulation of Sick Days.
(D) An employee shall be entitled to the pay-outs herein no later than 90 days after said employee terminates.
Termination and Severance Pay. A. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the Council to terminate the services of Xxxxxxxx at any time with or without cause as provided by the City Charter.
Termination and Severance Pay. Employees who terminate their employment with the City for any reason shall have their termination pay computed in the following manner.
(A) They shall be compensated for any earned vacation and bonus vacation including any vacation earned the year in which the employee terminated. The computation of the vacation earned in the year in which the employee terminated shall be in accordance with the following table: Entitled to 2 weeks 0.916 x the number of months worked Entitled to 3 weeks 1.333 x the number of months worked Entitled to 4 weeks 1.750 x the number of months worked Entitled to 5 weeks 2.166 x the number of months worked Entitled to 6 weeks 2.583 x the number of months worked
(B) In addition to the above, the employee shall be paid for any holidays worked for which he has not been compensated either in the form of pay or time off. If the employee was entitled to two (2) discretionary holidays and has not taken them and he terminates on or before June 30, he shall receive pay for one (1) discretionary holiday. If the employee terminates after June 30, he shall receive pay for two (2) discretionary holidays.
(C) Employees who retire or die while in the employment of the City shall also receive severance pay for unused sick time in accordance with the provisions of Section 2113.51, "Accumulation of Sick Days".
(D) Members of the bargaining unit who leave the employment of the City of Toledo prior to their forty-eighth (48th) birthday with twenty-five (25) years of service or more shall be entitled to sick pay benefits as described in Paragraph C as comprising that part of their severance pay.
