Tag: Employment law

Pretty or plain? What matters when employers evaluate jobseekers?

Tired of struggling over the hurdles to successful hiring, always combing through applications in search of that impeccably capable candidate? What if it were as simple as checking a website with all the unqualified slackers already vetted out? That perfect site may not exist, but if it’s physical beauty you value as much or more […]

Summer temperatures can turn up the heat on workplace dress and vacation policies

by Chelsea V. Brown As summer heats up, temperatures start to rise, anticipation for family vacations and summer holidays grows, and the spirit of summer can be felt throughout the workplace. As the arrival of summer becomes increasingly evident in cubicles and corner offices, employees can become relaxed about workplace rules and conduct. In some […]

Progressive discipline prevails—even where harassment proven

By Keri Bennett When a long-service costume designer was dismissed following a workplace harassment investigation, a British Colombia arbitrator found the company’s no-hire ban for all future productions to be excessive, since there was a lack of progressive discipline. Despite finding that the fired employee had engaged in longstanding and widespread harassment of junior employees, […]

reference

Examining the pros, cons of giving references

Human resources professionals have long debated whether to give references about former employees. It’s simultaneously tempting and scary to spill what you know about a less-than-desirable former employee. You also may be eager to sing the praises of an exemplary ex-employee you want to see do well in future endeavors. Regardless of whether you decide […]

Healthcare reform and independent contractors

by Gesina M. Seiler The implementation of the Affordable Care Act’s (ACA) tax credit for employers with fewer than 25 employees and the looming requirement that large employers (those with 50 or more full-time-equivalent (FTE) employees) provide affordable health insurance to their full-time employees or pay a penalty have resulted in some employers trying to […]

Expansion of workplace harassment and violence reprisal complaints?

By Rosalind H. Cooper Most occupational health and safety statutes across Canada contain provisions that prohibit employer reprisals for workplace health and safety matters. While the outcome of complaints made by workers regarding employer reprisals is always fact specific, employers had been taking comfort from several recent decisions. Those decisions suggested that complaints regarding employer […]

FMLA Leave Not a Reason for Discipline or Dismissal, Court Says

Employers must not impose probation on employees for excessive absences that include leave under the Family and Medical Leave Act. To do so is akin to using a disciplinary measure to penalize employees for taking qualified FMLA leave. So ruled the U.S. District Court for the District of New Jersey as it permitted the FMLA […]

What makes a good employee: education, experience, or something more?

It doesn’t seem to make sense: Employers complain of a lack of suitable applicants despite being inundated with a glut of highly educated jobseekers. Applicants are confused, too. A recent study from McKinsey & Company’s Center for Government found that 44 percent of young U.S. jobseekers included in a survey weren’t sure that their postsecondary […]

D.C. insight: federal legislative roundup

by Sophie E. Zdatny Recently, the Employers Counsel Network (ECN) met in Alexandria, Virginia, where several notable speakers stopped by to provide their insights on current developments in the employment arena at the national level and to share their predictions for President Barack Obama’s second term. The first post looked at the personnel turnover at […]

Time to say goodbye (for now)

Series Litigation Value: various harassment, discrimination, and bizarre workers’ compensation matters = astronomical; future employment matters due to Dwight taking over as Regional Manager = enough to keep Dunder Mifflin’s attorneys busy for many years to come; seeing the older, hopefully wiser, family man version of Michael in the final episode = priceless. After years […]