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How Not to Fire Your Canadian Employee

By Sean McGurran and Marisa Victor The recent decision in Drake v. Blach in the Ontario Superior Court provides a good example of how not to go about firing an employee. It provides a good lesson on how employment law in Canada will come to the rescue of a wronged employee. Background The case involves […]

Performance Evaluation

When It Comes to Job Performance, Is Everyone Extraordinary?

Recently, we had an interesting discussion in our weekly executive meeting. At our company, we’re just wrapping up our annual performance evaluations. We were talking about how the process went this year and what we could do to improve it. One of our senior team members  said our evaluation system can actually hurt morale. Here’s […]

Five Factors for Establishing RFOA

Yesterday’s Advisor offered details about EEOC’s new final rule on Reasonable Factors Other than Age (RFOA). Today, three more “considerations,” plus an introduction to a unique program just for small or even one-person HR [Go here for Considerations 1 and 2.] Consideration #3—Employer Limited Supervisor’s Discretion This considers the extent to which the employer limited […]

EEOC’s Five Factors for Establishing RFOA

[Go here for Considerations 1 and 2.] Consideration #3—Employer Limited Supervisor’s Discretion This considers the extent to which the employer limited supervisors’ discretion to assess employees subjectively, particularly where the criteria that the supervisors were asked to evaluate are known to be subject to negative age-based stereotypes. EEOC recognizes that in many cases to it […]

Watch Out for Military-Leave Bias

When you think of employment discrimination, you probably think of protected traits like gender, race, disabilities, age, or religion, among others. But the country’s involvement in two hot wars over the past decade has put another type of discrimination on the radar screen: discrimination based on military service.

Business Necessity Out, RFOA In (Age Discrimination)

The old “business necessity” rule is no more; in disparate impact age discrimination cases, employers can now defend under the easier standard of “Reasonable Factor Other Than Age” thanks to a new final rule from EEOC. EEOC released its Final Rule on Disparate Impact and “Reasonable Factors Other Than Age” Under the Age Discrimination in […]

Business Necessity No, RFOA Yes (Age Discrimination)

EEOC released its Final Rule on Disparate Impact and “Reasonable Factors Other Than Age” Under the Age Discrimination in Employment Act of 1967 in March and it became effective April 30. EEOC also published an informative Q&A on which this article is based. ADEA and Disparate Impact ADEA prohibits two types of discrimination against workers […]

Perks, Imputed Income, and Phantom Stock—Exec Comp’s Tools

Wudyka is managing principal of Westminster Associates in Wrentham, MA. His tips came at a recent BLR/HRhero-sponsored webinar. Perquisites Perquisites are benefits unique to executives, says Wudyka. As some may be taxable, always clarify that issue before finalizing your plan. Some examples of perquisites: Country club memberships Cars Financial or legal planning Computers Phones Assistants […]

Executive Compensation—The “Third Payroll”

There are different types of incentives for executives, and taxation becomes increasingly important in compensation planning, says Wudyka, who is managing principal of Westminster Associates in Wrentham, MA. His tips came at a recent BLR/HRhero-sponsored webinar. Motivating Executives Is a Challenge Motivating executives is a challenge, says Wudyka, because their level of base compensation is […]