Tag: Employment law

5 tips for minimizing litigation risks in the hiring process

by Brendan Gooley and John Herrington As many employers know, the list of potential plaintiffs who may sue an employer for alleged employment discrimination extends beyond current and former employees and includes rejected job applicants. We want to take the time to remind you of that unfortunate fact and offer five easy steps to minimize […]

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Employment is short. Don’t have an affair.

Imagine a guy, a married guy, more specifically an unhappily married guy, and even more specifically an unhappily married guy lacking a moral compass. The guy creates a discrete (ha!) profile on AshleyMadison.com, a dating website for married people whose tagline is “Life is Short. Have an Affair.” No need to prowl hotel bars at […]

Ontario government proceeding with review of its labor and employment laws

by Marc Rodrigue In February, the province of Ontario appointed the Honorable John C. Murray, a former judge of the Ontario Superior Court of Justice and management-side labor lawyer, and C. Michael Mitchell, a former union-side labor lawyer, as special advisers tasked with reviewing both the Ontario Employment Standards Act, 2000 (ESA) and the Ontario […]

FedEx, Uber, and the new economy: redefining the working relationship

by Mark I. Schickman Many of my clients are looking for ways to redefine the working relationship away from the employee model. There are various motives for this: the desire to avoid employee liability, the hope to avoid paying taxes and benefits, and the goal to avoid “head count” (whatever that means). But the law […]

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Drug tests, marijuana use, and the EEOC

by Burton J. Fishman Employers are beginning to comprehend how the widespread availability of medical marijuana will affect the workplace. Newly garbed with medical justification, more workers are claiming a “right” to use marijuana at work. Employers, confronted with a note from the ever-more- aptly-named “Dr. Feelgood” authorizing employees’ use of the drug, are often […]

Zero tolerance for stalking on company time

by Chuck Harrison A single incident of misconduct can still justify the termination of a unionized employee’s employment. So ruled a labor arbitrator in British Columbia recently. In Fortis Energy Inc., (February 16, 2015) the employee had engaged in an incident of stalking and intimidation of his wife’s supervisor. Compounding his offense, he did this […]

Restricting employers’ use of credit checks and why Mr. Robot agrees

If you’re like me, you don’t necessarily equate the USA network with riveting and innovative television. While the network has respectable ratings, I can’t help but tune out when I see a commercial for Suits, Graceland or Royal Pains (apologies to those fans of the show—I believe you, I’m sure they’re good). In fact, although […]

Employer can—and should—investigate off-duty dispute between employees

Sometimes employees just don’t get along, and employers know they need to intervene when harassing and even threatening behavior occurs on the job. But should the employer launch an investigation if coworkers trade harsh words after hours away from the workplace?  That was a question put to a group of attorneys who focus on workplace […]

Target Pays $2.8M to Resolve EEOC Charges

Target has agreed to pay $2.8 million to resolve U.S. Equal Employment Opportunity Commission allegations that it violated several nondiscrimination laws. The agreement was reached through the EEOC’s conciliation process. During an investigation, the EEOC found reasonable cause to believe that the retailer was using employment assessments that disproportionately screened out applicants for exempt professional […]

‘Ban-the-box’ movement making its way across the country

by Tara Eberline Individuals from Sister Helen Prejean, author of Dead Man Walking, to former President Bill Clinton have contended that people are more than the worst thing they have ever done. It is a sentiment that many people desire—at least when viewing their own foibles. And now some employers across the country are using […]