Tag: Employment law

Oh [no], Canada!

Unless you’ve been under a rock for the past couple of weeks, you’ve probably heard about Toronto’s crack-smoking mayor, Rob Ford. No, I don’t mean that term in the figurative sense or as a commentary on some outlandish political policy he has chosen to pursue. I mean it quite literally, as Rob Ford admitted in […]

Employees Must Prove Disability in Spite of Lower ADAAA Bar

While the ADA Amendments Act made it easier for employees to show that they have a disability, it did not eliminate the requirement, the 5th U.S. Circuit Court of Appeals has ruled in Neely v. PSEG Texas, No. 12-51074 (5th Cir. Nov. 6, 2013). Facts of the Case Jeffrey Neely worked as a control-room operator […]

vaccine

Common question of the season: Can employees be required to take a flu shot?

It’s flu season, a time when every cough and sneeze can strike fear into the hearts of both employees and employers. Nobody wants to come down with a coworker’s case of flu, and employers needing all hands on deck don’t want significant numbers of workers out sick. Therefore, some employers—particularly those in the healthcare field—mandate […]

Tough terminations: Handling the fallout

Firing an employee—especially a longtime employee who seems to be a loyal, hardworking asset to the employer—is never easy. But policies exist for a reason, and when they’re broken tough decisions need to be made. A recent termination of an employee apparently trying to do the right thing has sparked headlines and illustrates the dilemma […]

Work hard, play hard work harder

As discussed in our previous blog post, the Richie Incognito-Jonathan Martin scandal has dominated the sports and national headlines. Lost somewhat in the midst of an Incognito-Martin-centric sports news cycle were the recent health scares of Denver Broncos coach John Fox and Houston Texans coach Gary Kubiak during week 9 of the NFL season. Fox, […]

Objective medical proof not necessary for accommodation duties to arise

By Marc Rodrigue Under human rights legislation across the country, Canadian employers have a general duty to accommodate employees who are unable to perform their work for a period of time because of illness or disability to the point of undue hardship. This may require an employer to grant an employee a leave of absence […]

Obligations and opportunities in dealing with veteran employment issues

by Susan M. Webman Monday is Veterans Day, so we wanted to take this opportunity to remind you of some of the laws that regulate employing the men and women who have served our country as well as the opportunities that come along with employing veterans. The government’s recent focus on veterans’ employment issues, in […]

Security Among Questions Dogging Exchange Rollout

New concerns about data security on the health care reform exchanges are being raised by Republican lawmakers, who cite an internal agency memorandum that warned of inadequate testing on the eve of the exchanges’ Oct. 1 rollout. The security control assessment required by the Federal Information Security Management Act “was only partially completed” because the […]

Offensive personal foul

Suspended Miami Dolphins offensive lineman and last-guy-to-realize-people-save-voice-mails-and-texts Richie Incognito is 6’3″ and weighs 319 pounds. He is (was) a member of the Dolphins’ players leadership council, and he was a 2012 Pro Bowler. Incognito, however, may finally be facing an insurmountable opponent: the corporate employment lawyer. The Dolphins put Incognito on indefinite suspension after reportedly […]

Got conflict? Help managers know what to do

It’s a rare workplace that seldom experiences conflict. In fact, a 2008 global study on workplace conflict found that 85 percent of employees in the study experienced conflict at some level, and 36 percent of U.S. employees said they had to deal with conflict always or frequently. Globally, that figure was just 29 percent.  With […]