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Ruling gives employees more time to file constructive discharge claims

by Tammy Binford A May 23 U.S. Supreme Court ruling clears up questions about how long employees have to file constructive discharge claims, and the decision likely means more pressure for employers potentially facing such lawsuits. In Green v. Brennan, the Court ruled 7-1 that a U.S. Postal Service employee in Englewood, Colorado, filed a […]

Terminating Employees: Why Failing To Keep Your Story Straight Can Lead To Expensive Trouble

When you’re faced with the prospect of disciplining or discharging an employee, you may give the worker several different reasons for your decision. However, a new case points out the importance of getting your story straight before you terminate someone. That’s because if you provide conflicting explanations, you may inadvertently give the employee an opening […]

Finally: Practical, Workable, Automated Leave Tracking

And, of course, each type of leave has its own set of eligibility, entitlement, notice, documentation, and tracking requirements, and oftentimes the requirements overlap. To help our readers cope with this thicket of leave laws, BLR—after evaluating a number of leave management systems—is proud to announce that we have established a partnership with Presagia to […]

American Airlines in Bankruptcy Threatens to End $1B in Pensions

When American Airlines and its parent company, AMR Corp., filed for bankruptcy in November, many industry watchdogs dismissed the event as a chance for the airline to restructure and bring down costs. Which is why the developing skirmish between the #3 airline carrier and the Pension Benefit Guaranty Corporation (PBGC) since then has been like […]

Employment contracts, termination clauses, and itchy trigger fingers

by Bruce R. Grist As there is no employment at will in Canada, most employment lawyers in Canada who act for employers recommend that employers use employment contracts to govern the employee’s relationship with the employer. If there is an employment contract and the employer wishes to terminate the employee’s employment or the employee wishes […]

Clean Slate

As I write this, it is the final day of 2010. We are on the eve of a new year and with it comes a clean slate, a blank canvas on which you can create the type of year you want in 2011. January 1 marks the beginning of a new year. Janus, for whom […]

Do You Train Workers Not to Shake When the Earth Quakes?

Because earthquakes can occur at any time of year and happen suddenly, without much if any time for advance preparation, having and practicing a plan is key to helping your workers stay safe. To raise awareness, OSHA has launched a new Earthquake Preparedness and Response page. According to OSHA, most earthquake-related injuries result from collapsing […]

New Workers’ Comp Case Is Good News for Employers

Yesterday, we looked at a case in which a brand-new agricultural worker fell off a high ladder, sustaining both physical and psychiatric injuries. Normally a worker has to be with an employer for at least six months to recover for psychiatric injuries—what did the court conclude in this case?

Is Breaking the Law Protected Activity by Employees When Filing an EEOC Charge?

Imagine this: One of your employees violates company policy and state law by disclosing confidential company records to the Equal Employment Opportunity Commission (EEOC) to buttress her discrimination charge. After learning about the activity, you fire the employee — who then sues you, claiming you retaliated against her for filing an EEOC charge. Does an […]