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By Bruce Grist Conventional wisdom suggests that because a nonsolicitation clause is more likely than a noncompete clause to be enforced by a Canadian court, why bother including a noncompete clause in an employment agreement? The British Columbia Court of Appeal’s decision in Edward Jones v. Voldeng suggests that there is still value in including […]
Litigation Value: $0. Though there is all sorts of questionable stuff going on, none of it should expose Dunder Mifflin itself to any claims or liability. In tonight’s episode, “Couples Discount,” no one really covers themselves in glory. You’ve got The Office denizens seeking to goof off one last time before Andy returns, and pretending […]
by Al Vreeland In these pages, we try―often ham-handedly―to infuse a little humor into the very real workplace dilemmas you face on a daily basis. When we first conceived this article, obvious redneck gun jokes were, well, obvious. But the recent massacre in Newtown, Connecticut, has left us humorless, while recent events in several state […]
by Lyndel Erwin An eager young college graduate approaches you looking for work as an intern and offering to do the job for free just to gain experience and make contacts in the industry. A retiree offers to volunteer in your hospital just to have something to fill her day. It looks like a win-win […]
By Karen Sargeant We all know proving cause for termination in Canada is difficult. Poor performance rarely equates to cause. And employees seem to be entitled to warnings in most cases. But surely it is cause if an employee slaps another. Not so, according to one Ontario judge in Shakur v. Mitchell Plastics.
Litigation Value: Frank can collect from Pam and Dwight the cost of cleaning paint off his truck. “Shouldn’t someone get fired for this?” That’s the question Pam asked while confronting the large orange butts that someone (Frank) spray-painted on her warehouse mural in “Vandalism,” the second of two new episodes tonight. Of course someone should get fired, […]
Everyone knows the clichés “cheaters never prosper” and “honesty is the best policy,” but that doesn’t mean employees always take those maxims to heart. Whether it’s padding an expense account, failing to clock out for lunch, or large-scale embezzling, some employees will cross the line into unethical territory. Take, for example, the case of the […]
Employers paid more than $400 million to resolve discrimination cases filed with the U.S. Equal Employment Opportunity Commission in fiscal 2012, according to data released by the agency Jan. 28. Among private-sector workers, retaliation, race and sex discrimination, respectively, were the most common discrimination charges. Other highlights from the EEOC’s fiscal 2012 statistical summary: 99,412 […]
by Tammy Binford A bipartisan effort to reform U.S. immigration policy includes what the proposal’s authors say is a plan to “create an effective employment verification system” as well as a way to “establish an improved process for admitting future workers to serve our nation’s workforce needs, while simultaneously protecting all workers.” Eight U.S. senators—Republicans […]
By Kyla Stott-Jess The Alberta Court of Appeal has recently added to the ongoing debate in Canada over who is or isn’t an employer in the human rights context. In its recent decision in 375850 Alberta Ltd. v. Beverly Noel and the Director of the Alberta Human Rights Commission, the dismissal of the complainant’s appeal […]