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NLRB Finding Its Way, or Does Anyone Benefit From a Nonfunctioning Board?

The National Labor Relations Board (NLRB)—the oldest “super agency,” created in 1935—is newly reconstituted and will be finding its way in an unprecedented setting and facing unprecedented challenges.  Background  President Trump, in an unprecedented move, fired Board Member Gwen Wilcox in January 2025, despite provisions in the National Labor Relations Act (NLRA) bestowing tenure protections […]

Suspicion of FMLA Abuse Does Not Justify Firing, Says Court

Just when you may have thought the road was clear to an “honest belief” defense that linked employee termination to suspected leave abuse under the Family and Medical Leave Act, a ruling has put the brakes on that notion. A California appellate court has issued a decision against a large auto retailer that should cause […]

Dishonesty: When can you fire someone for it?

by Lindsey Taylor The British Columbia Court of Appeal recently reaffirmed that dishonest conduct may be just cause for dismissal without notice. Or it may not. To determine if it is just cause, the conduct must be assessed looking at the whole context of the employment relationship.

When what’s good for business isn’t good employment law: What warrants termination for cause?

by Kyla Stott-Jess Is a Canadian employer justified in terminating an employee for cause when that employee has disobeyed company policy? What if the consequences of the employee’s failure to follow policy put other employees at serious risk of harm? Not necessarily, said the Ontario Supreme Court recently in Barton v. Rona Ontario Inc. Rather, […]

It Shouldn’t Be So Hard to Fire the Worst Employees

From the 2016 SHRM Annual Conference & Exposition in Washington DC! Yesterday we heard from Greg Hare, an employment lawyer at Ogletree Deakins Law Firm in Atlanta, GA, who spoke about some of the real problems bad employees create. Today’s Advisor will cover some specific ideas Hare has on removing the worst employees from your […]

Hiring on the Rise for Q4 2016

As a recruiter, it’s important to stay abreast of the latest recruiting trends. To that end, check out the latest ManpowerGroup’s Employment Outlook Survey and see how the recruiting year of 2016 might end.

Hiring Employees: EEOC Proposes Definition of Applicant for E-Cruiting Purposes; Part 2: How to Standardize Your Application Procedures and Retain the Right Records

As we reported last month, the Equal Employment Opportunity Commission (EEOC) is tackling a vexing problem that’s a sign of the times—defining who, among all those who contact you over the Internet or via other electronic technology about work, is a true job applicant for purposes of complying with your federal recordkeeping requirements. The EEOC, […]

OFCCP, EEOC heads discuss enforcement focus: compensation

by Emily L. Bristol At a recent meeting of the labor and employment law section of the American Bar Association (ABA), Patricia Shiu, director of the U.S. Department of Labor’s (DOL) Office of Federal Contract Compliance Programs (OFCCP), discussed the agency’s focus on pay disparity and highlighted that during the Obama administration, the OFCCP has […]