Tag: Employment law

Canadian Courts Split on Post-Employment Restrictions

by Thora A.Sigurdson Canadian courts continue to struggle with clauses in employment contracts that contain post-employment noncompetition and nonsolicitation clauses, known as “restrictive covenants.” This is an important issue in Canada, where there is no concept of “at will” employment, and all employees are deemed to have some form of employment contact. But not all […]

Grease Lightning

Litigation Value: allowing office staff to take over the warehouse and invent a new loading method = several bizarre Workers’ Compensation claims; Andy asking Oscar about his “wildest fantasy guy” while choosing new warehouse personnel = yet more fodder for Oscar’s potential claims; and controlling your own destiny = priceless. This week’s episode started off […]

Being Replaced by Computer Program Isn’t Age Discrimination

Who knows? In 20 years, there might be a robot writing these articles; we’ve faced that reality. Eventually, we may all be phased out by machines, programs, and metallic entities, the likes of which we’ve yet to even imagine. As the world has become more automated and efficient, we have all witnessed downsizing and have […]

TRICARE Suffers Texas-sized Data Breach

Stop me if you’ve heard this one — a car is burglarized, and hardware goes missing that turns out to have sensitive personal data on thousands of beneficiaries, employees, patients and customers. Same old story — but in the millions this time. Medical information on nearly 5 million military clinic and hospital patients was on backup […]

Good News on Maximum Length of Stay for Intra-company Transferees

By Gilda Villaran It’s common for companies to fill executive positions in Canada and the United States with one executive. That person is based in the United States and commutes to Canada on a regular basis to provide services to the Canadian affiliate. Since such executives are providing services to a Canadian company, they can’t […]

Southern Exposure

Litigation Value: The exposure promises to be vast when California finally takes the plunge. Who is this Robert California? What are his credentials? When did he arrive in Scranton? Where did he come from? How long until he does something highly illegal? Clearly, a lot of mystery surrounds Mr. California. Whatever his secret may be, […]

City’s Delay in Meeting Overtime Obligations Results in Court Order of Liquidated Damages

A federal court has ordered the City of Pittsburgh to pay $825,000 in liquidated damages alone to more than 900 municipal police officers. (O’Hara v. City of Pittsburgh.) The U.S. District Court for the Western District of Pennsylvania made the award following a five-year delay by the city in implementing a 2006 letter of understanding […]

Employee Suit Evaporates Because No FMLA Rights Denied

The decision in Quinn v. St. Louis Co. illuminates a fine line for employers. While eligible workers must be granted unpaid time off for qualifying serious health conditions under the FMLA, the court showed that interference must have material consequences – such as actual denial of time off – for employees to make a convincing […]

Can Canadian Employers Fire Employees for Complaints about Management?

By Ian Campbell There seems to have been an increase in cases where employees in Canada directly or publicly have challenged their supervisors or senior management. Maybe this is because of an increasing belief in their actual or perceived rights. Of course employees have the right and should be encouraged to raise legitimate workplace concerns […]

Andy for the Win!

Litigation Value: More fodder for everybody’s negligent retention suit as Dwight shows more predilections toward violence in the workplace, but otherwise, not much litigation expected from this episode – just a host of employee morale issues. I’m sure Robert California will be harassing someone before long, though. Well, friends, the wait is finally over – […]