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Biting the Fiduciary Bullet: A Case for Post-Employment Restrictive Covenants

By Kyla Stott-Jess and Devin Crisanti Post-employment restrictions can be tricky to enforce. But if drafted properly, they can be valuable. As one Alberta employer recently discovered in ADM Measurements Ltd. v. Bullet Electric LTD, relying on implied fiduciary duties to do the job of contractual restrictions can be a pricey gamble. Background The employer, […]

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Appeals Court Case Discusses Role of Job Description in ADA Claims

The Americans with Disabilities Act (ADA) was enacted in 1990 to prevent discrimination against employees based on disabilities. This does not mean that employers violate the ADA if they terminate or refuse to hire employees with disabilities. Rather, the law provides an exception if the employee is unable to perform the essential functions of the job without […]

What’s on the immigration horizon for employers?

by Elaine Young During the month of May, the Senate Judiciary Committee marked up the comprehensive immigration reform bill that the “Gang of Eight” proposed earlier in the year. In June, we saw the House of Representatives debate over what to add or take away from the bill. Here’s a quick Q&A on how some […]

9th Circuit Won’t Call Attention Deficit an ADA Disability

The 9th U.S. Circuit Court of Appeals Oct. 1 declined to rehear a case in which it held that attention deficit hyperactivity disorder is not a disability covered by the Americans with Disabilities Act. Matthew Weaving, a police officer, alleged that he was fired because of his disability. His ADHD amounted to a protected disability […]

Rolling the Dice: The Day I Started at BLR

From Dan: As a way to honor the individuals who have taught me critical life lessons about people and business, I’ve invited several to write guest columns to run in this space over the next few weeks. Today’s voice of experience is provided by Robert L. Brady, who founded Business and Legal Resources (BLR®) in […]

What Can Be Worse than Working?

By Elaine Quayle Can it be that going to work ain’t so bad? A survey of 1,000 adults by Consumer Reports found that people would rather go to work than do a number of other things—especially a boring summertime chore! Guess there weren’t too many landscapers taking this survey, because mowing the lawn ranked as […]

Tips for Better Recruiting Efficiency

In yesterday’s Advisor, we talked about the benefits of improving recruiting efficiency and looked at efficiency tips across three aspects of the recruiting process. Today we’re continuing that list. Here are efficiency tips across three more aspects of the recruiting process.

No Separate Duty of Fair Treatment in Accommodation in British Columbia

By David G. Wong The British Columbia (BC) Supreme Court, in Emergency Health Services Commission v. Cassidy, has recently confirmed that a BC employer’s duty to accommodate doesn’t extend to including a freestanding procedural requirement that the employer treat the employee fairly, and with due respect for his dignity, throughout the accommodation process. Facts At […]