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Further clarification on ‘unjust’ dismissals

By Louise Béchamp As we reported previously, employers in Canada’s federal sector have had the right to dismiss employees without cause with one caveat. Only if the dismissal was not “unjust” within the meaning of section 240 of the Canada Labour Code. In Wilson v. Atomic Energy of Canada, the Federal Court of Appeal determined […]

Been There, Done That!

Employment law attorney Troy Foster reflects on the “Stress Relief” episode of The Office and reminds employers that while reruns may work in prime time, letting workplace problems reoccur is dangerous. Litigation Value: $615,000 and rising . . . Haven’t we been down this road before? The “Stress Relief” episode of The Office just keeps […]

Employers Facing Increased Scrutiny over Worker Classification

by Robert C. Nagle Employers can expect increased enforcement efforts from federal and state labor and tax authorities over what’s believed to be a rising tide of misclassification of employees as “independent contractors.” There can be significant payroll savings associated with classifying workers as contractors. For example, employers typically aren’t required to withhold or pay […]

An Introduction to Hierarchical Pay Raise Strategies

With the unemployment rate hovering at historic lows, companies need to work hard to attract and retain top talent. And while they’ve tried to do this with a number of different incentives—such as greater workplace flexibility, increased healthcare benefits, positive company environments, etc.—salary remains the primary draw for a big chunk of employees.

Can’t Beet a Garden Party

Litigation Value: Zilch. An episode blissfully free of employment law problems! Tonight’s episode — the last of 2011 — brings up a reprise of “The Garden Party,” previously blogged by my colleague Brian Kurtz. Most of the action takes place outside of the usual office setting, at Dwight’s bucolic beet farm/budding party venue. In an effort […]

Nonsolicitation Agreements: Employer Who Sued To Enforce Agreement Ordered To Pay $1.3 Million To Former Employees

Flair Communications Agency in San Francisco asked for an injunction against three former employees, claiming they violated a nonsolicitation and trade secrets agreement by stealing the agency’s clients and setting up a rival promotional agency. Flair also sought $1.3 million in damages. But the tables were turned when the court denied the injunction—and instead awarded […]

Workplace Wellness: Best Strategies for Using Wearables at Work

By Danna Korn, Sonic Boom Wellness Activity-tracking devices are one of the most effective tools for getting employees to participate in worksite wellness programs. Getting them to continue participating, however, is an entirely different ballgame. Follow these tips to get (and keep!) employees more deeply engaged in wellbeing initiatives.

Ooh, Ooh, She’s Magic

Litigation Value: Not much from this episode, but if Nellie sticks around her apparent prejudice against the Irish and Hispanics could lead to some sticky legal situations. Another week, another party in Scranton. Last night on The Office, Robert had the party-planning committee working hard on a party to welcome Nellie into the fold. Problem […]

Recognize This! How to Give Employees Recognition

Employers think workers do a good job for money, but a survey of 200,000 employees says it’s really recognition that counts! Here’s how to use it most effectively. “Well done!” Would you consider hearing those two simple words a significant reward for putting your life on the line? Military personnel do. They consider this seemingly […]