by Employer definition

by Employer. The term "Employee's Voluntary Act" shall mean resignation or quitting by Employee unless such resignation or quitting is preceded by, or reasonably contemporaneous with, a "Change in Control". The term "Termination for Cause" shall mean a termination of Employee arising from gross incompetence, insubordination, dishonesty in performance of company duties, or conviction of fraud, theft, embezzlement or any felony. However, any termination for insubordination is subject to written notice by Employer and a thirty (30) day cure period to correct the alleged insubordination. The term "Change in Control" shall mean a change of the holders of 50% or more of the equity of Employer (other than as a result of the issuance of equity to creditors on emergence from bankruptcy pursuant to a plan of reorganization proposed by Employer), a change in the majority of the Board of Directors of Employer (other than pursuant to a plan of reorganization proposed by Employer), merger with less than 50% of the merged entity owned by pre-merger shareholders, or sale or abandonment of more than 50% of Employer's revenue-generating assets.
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by Employer. With or without Cause (as defined below), Employer may terminate the employment of Executive at any time during the term of employment upon giving Executive at least thirty (30) days' prior written notice thereof. The effective date of the termination of Executive's employment shall be the date on which such applicable 30-day period expires; provided, however, that Employer may, upon notice to Executive and without reducing Executive's annual base salary during such 30-day period, excuse Executive from any or all of his duties during such period and request Executive to immediately resign as an officer of Employer, whereupon, if requested to so resign, Executive shall immediately resign.
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by Employer. The term "Employee's Voluntary Act" shall mean resignation or quitting by Employee unless such resignation or quitting is the result of a "Constructive Discharge", or is preceded by, or reasonably contemporaneous with a "Change in Control". The term "Termination for Cause" is defined as a termination of Employee arising from gross incompetence, insubordination, dishonesty in performance of company duties, or conviction of fraud, theft, embezzlement or any felony. However, any termination for insubordination is subject to written notice by Employer and a thirty (30) day cure period to correct the alleged insubordination. The term "Constructive Discharge" shall mean a termination of employment due to (a) a reduction in Employee's base salary of 5% or more in any calendar year or an aggregate reduction in Employee's base salary of 10% or more in any four calendar years, (0) a material reduction in Employee's position, function, duties or responsibilities, (c) a material change in Employee's reporting relationships, (d) a required relocation of more than 50 miles from existing headquarters, (e) a material breach of contract by Employer, (f) sale or abandonment of substantially all of the assets of Employer (more than 50% of the revenue base) or (g) a merger, consolidation or other combination of the Employer with another entity; PROVIDED, HOWEVER, if Employee elects, in writing, to continue to be employed after a specific event of Constructive Discharge, Employee will not be able to subsequently claim Constructive Discharge as a result of such event. The term "Change in Control" shall mean a change of the holders of 50% or more of the equity of Employer (other than as a result of the issuance of equity to creditors on emergence from bankruptcy pursuant to a plan of reorganization proposed by Employer), a change in the majority of the Board of Directors of Employer (other than pursuant to a plan of reorganization proposed by Employer), merger with less than 50% of the merged entity owned by pre- merger shareholders, or sale or abandonment of more than 50% of Employer's revenue- generating assets.
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Examples of by Employer in a sentence

  • Employee agrees neither this Agreement and General Release nor the furnishing of the consideration for this Release shall be deemed or construed at any time for any purpose as an admission by Employer of any liability or unlawful conduct of any kind.

  • This Agreement contains the entire agreement between the parties with respect to the transactions contemplated herein and supersedes, effective as of the date hereof any prior agreement or understanding between Employer and Employee with respect to Employee's employment by Employer.

  • During the term of Executive’s employment and thereafter, Executive agrees to hold Employer’s Confidential Information in strict confidence, and not disclose or use it at any time except as authorized by Employer and for Employer’s benefit.

  • Employee acknowledges and agrees that, any such plans or policies now or hereafter in effect may be modified or terminated by Employer at any time in its discretion.

  • The waiver by Employer of a breach of any provision of this Agreement by Employee shall not operate or be construed as a waiver of any subsequent breach by Employee.

  • No provision of this Agreement shall be varied, contradicted or explained by any oral agreement, course of dealing or performance or any other matter not set forth in an agreement in writing and signed by Employer and Employee.

  • To the extent that the terms of this Agreement have been disclosed by Employer, in a public filing or otherwise, the confidentiality requirements of this Section 21 shall no longer apply to such terms.

  • Upon the terms and subject to the conditions of this Agreement, Employer hereby employs Executive, and Executive hereby accepts employment by Employer.

  • This Agreement contains the entire agreement of the parties with respect to Employee’s employment by Employer.

  • Any reimbursement payable to Executive pursuant to this Agreement shall be conditioned on the submission by Executive of all expense reports reasonably required by Employer under any applicable expense reimbursement policy, and shall be paid to Executive within 30 days following receipt of such expense reports, but in no event later than the last day of the calendar year following the calendar year in which Executive incurred the reimbursable expense.


More Definitions of by Employer

by Employer. Cause" shall mean (i) the willful failure of the Employee substantially to perform his duties as an employee of, or in connection with his provision of services to, any member of the MGI/CERA Group (other than any such failure due to physical or mental illness), (ii) in the reasonable judgment of the Board, the Employee's engaging in willful and serious misconduct that is injurious to Employer or any member of the MGI/CERA Group, (iii) the Employee's conviction of, or entering a plea of nolocontendere to, a crime that constitutes a felony, (iv) the material violation by the Employee of any material federal or state securities law or (v) the willful and material breach by the Employee of any of the covenants set forth under Section 8, 9, 10 or 11 hereof or of any take-along or similar covenants applicable to the limited liability company interests, or options to purchase such limited liability company interests, of the Parent LLC held by the Employee. Termination of employment of the Employee shall not be deemed to be for Cause hereunder unless and until (A) in the event of any Cause defined in clauses (i), (ii), (iv) and (v) of this paragraph (b), a written notice has been delivered to the Employee by Employer which specifically identifies the Cause which is the basis for termination and the Employee has failed to cure or remedy the act or omission so identified within a period of fourteen (14) business days after the Employee's receipt of Employer's notice and (B) Employer's Board of Directors has voted to terminate the Employee for Cause, which vote shall be an affirmative vote of not less than a majority of the members
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by Employer. The term "Employee's Voluntary Act" shall mean resignation or quitting by Employee unless such resignation or quitting is preceded by, or reasonably contemporaneous with, a "Change in Control". The term "Termination for Cause" shall mean a termination of Employee arising from gross incompetence, insubordination, dishonesty in performance of company duties, or conviction of fraud, theft,
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Related to by Employer

  • The Employer or “The Purchaser” means the "Registrar General, High Court of Madhya Pradesh, Jabalpur" and the "District Judge" of the District Courts.

  • Affiliated Employer means any corporation which is a member of a controlled group of corporations (as defined in Code Section 414(b)) which includes the Employer; any trade or business (whether or not incorporated) which is under common control (as defined in Code Section 414(c)) with the Employer; any organization (whether or not incorporated) which is a member of an affiliated service group (as defined in Code Section 414(m)) which includes the Employer; and any other entity required to be aggregated with the Employer pursuant to Regulations under Code Section 414(o).

  • Employer as defined in Section 3(5) of ERISA.

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

  • Probationary Employee means an employee who is serving a probation period and is employed in a regular or limited-term position. PROMOTION shall mean the movement of a regular, limited-term or probationary employee from one (1) class to another class where the maximum step on the new salary range is at least one (1) full step higher than the maximum step of the old salary range. REASSIGNMENT shall mean the movement of a regular, limited-term or probationary employee from one (1) class to another class on the same salary range or to a class where the maximum step on the new salary range is less than one (1) full step higher or lower than the maximum step of the old salary range. RECRUITING STEP shall be the first step of the salary range allocated to a class unless otherwise authorized by the Board or the Chief Human Resources Officer. REDUCTION shall mean the movement of a regular, limited-term or probationary employee from one (1) class to another class where the maximum step of the new salary range is at least one (1) full step lower than the maximum step of the old salary range. REGULAR EMPLOYEE shall mean an employee who is not on probation and is employed in a regular or limited-term position. REGULAR POSITION shall mean a position established on a permanent year- round basis requiring work on a regular schedule unless otherwise authorized by minute order of the Board. SENIORITY shall mean total continuous full-time equivalent service as a regular employee.

  • 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.

  • Related Employer means the Employer and (a) any corporation that is a member of a controlled group of corporations as defined in Code Section 414(b) that includes the Employer and (b) any trade or business that is under common control as defined in Code Section 414(c) that includes the Employer.

  • Eligible employer means any municipality with a municipal

  • New Employer means, after a Change in Control, a Participant’s employer, or any direct or indirect parent or any direct or indirect majority-owned subsidiary of such employer.

  • Part-time employment means any employment or combination of one or more employments in a civil division in which an individual works fifty percent (50%) or less of the time prescribed as the standard work week by the governing body or other appropriate authority of the civil division or where the employee earns not more than one-half (1/2) of the rate assigned to the position if the position has been allocated to a graded salary schedule.

  • Suitable employment or "suitable job" means employment or a job:

  • 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.

  • Participating Employer means any trade or business (whether or not incorporated) which adopts this Plan with the consent of the Company identified in the Adoption Agreement.

  • Employment benefits means all benefits provided or made

  • Competitive employment means work in the competitive labor market that is performed on a full-time or part-time basis in an integrated setting and for which an individual is compensated at or above the minimum wage, but not less than the customary wage and level of benefits paid by the employer for the same or similar work performed by individuals who are not disabled.

  • Key Executives means Xxxxx Xxxxxxx and Xxxxxxx Xxxxxxxxx, jointly and severally.

  • Severance from Employment means severance from employment with the Employer and any Related Entity. However, a Severance from Employment also occurs on any date on which an Employee ceases to be an employee of a public school, even though the Employee may continue to be employed by a Related Employer that is another unit of the State or local government that is not a public school or in a capacity that is not employment with a public school (e.g., ceasing to be an employee performing services for a public school but continuing to work for the same State or local government employer).

  • Non-Key Employee means any Employee who is not a Key Employee.