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Workplace computer porn: court rules employees’ privacy rights limit police
by Jennifer Shepherd On October 19, 2012, the Supreme Court of Canada (SCC) issued its ruling in R. v. Cole. The court held that a person’s right to be protected against unreasonable searches was breached when the police looked at computer files the employer had given them without first obtaining a search warrant. Facts A […]
Targeting FMLA Fraud and Abuse
One of the biggest FMLA frustrations for employers is knowing what to do with an employee who appears to be abusing the law’s protections or, even worse, fraudulently using approved leave for non-FMLA purposes.
The Best Harassment Prevention Prescription is to Train, Train, Train
[Go here for 1 to 5] 6. A superior blocks a promotion for a subordinate who has firmly stated that the superior’s sexual remarks were unwelcome. This is another example of potential tangible employment action harassment. Of course, the superior can argue that he or she blocked the promotion for a good business reason, but […]
Supreme Court Rules Oral FLSA Complaints Are OK
Today, in a 6-2 decision, the U.S. Supreme Court held that the Fair Labor Standards Act’s (FLSA) antiretaliation provision protects not just written complaints but also oral ones. The Court noted in its opinion that it heard the case because of a conflict in the circuit courts over whether oral complaints were protected. In Kasten […]
Arbitrator upholds employer’s dismissal of grievor who exaggerated her medical symptoms
by Louise Béchamp Exaggerating one’s medical symptoms in order to avoid a return to work can be cause for dismissal. This is a lesson that a grievor learned the hard way following the finding of a Quebec arbitrator in Fédération des paramédics et des employées et employés des services préhospitaliers du Québec (FPESPQ) and Services […]
Ground Rules for Workplace Friendships
By Dominique Jones, VP of Human Resources, Halogen Software Our social interactions affect our physical and emotional health, and even have an impact on workplace productivity. Research conducted by Gallup found that those with a “best friend,” at work, are seven times more likely to be engaged in their jobs with a subsequent positive impact […]
Smart Tips for Investigations
Yesterday, we looked at 5 tips for conducting an effective sexual harassment investigation. Today, 4 more — plus an introduction to an in-depth investigations webinar next week, specifically for California employers. [Click here for yesterday’s tips] 6. Communicate your findings to both the employee and the alleged harasser and provide them with the opportunity to […]
Emergencies: Can’t Predict, Must Prepare
Recent tragic disasters have certainly made it clear that no company, no matter how large or small and no matter the location, is safe from unexpected disaster. Terrorism, fire, tsunami, hurricane, or flood—the list seems endless, and no one is invulnerable. Some disasters are predictable. For example, if you have a facility in a flood-prone […]
Your Company's Image is Everything
I’ll never forget my first job interview. Hearing about how great this company was to work for made me want that job so much more. When I arrived, I had to wait a long time before meeting with the interviewer. I wasn’t given any information about the delay, wasn’t offered anything to drink, and wasn’t […]