Practical HR Tips, News & Advice. Updated Daily.
Litigation Value: Take out your checkbook, Jo. Major bucks to Andy for negligent retention and negligent infliction of emotional distress. Dwight should be prepared to pony up as well, since Andy will be sure to hit him with assault and intentional infliction of emotional distress claims. Andy might even find himself the owner of a […]
by Amy M. McLaughlin A recent decision from the Second U.S. Circuit Court of Appeals reiterates an employer’s obligation to ensure that its decisionmakers act without discriminatory or retaliatory animus. The employer in the following case allowed a decisionmaker whom it knew harbored racial animus to fire a black worker for poor performance. That move […]
By Maria Giagilitsis Ontario’s highest court recently ruled that an employer’s right to buy back a senior executive’s shares was triggered on his termination date — not the end of the reasonable notice period. Paul R. Love had argued for the later date. His shares had substantially increased in value during the notice period. Love […]
Litigation Value: Get out your checkbook, Dunder Mifflin Sabre. Although your chauvinistic branch manager’s episode-ending dunk may have cut short his tenure in Scranton, his presumptive (acting) successor showed little in the way of enlightened damage control last night. Jo Bennett, where are you? No matter how the Supreme Court rules in a closely watched […]
Here’s a case that will probably make employers feel great about their own compliance efforts. You know who you are: You train your new hires on all company policies, you have sparkling and oft-reviewed nondiscrimination, nonharassment, and nonretaliation policies, you conduct supervisory training early and often, and your folks know how to recognize potentially harassing […]
By Antoine Aylwin A month ago, we reported on the Ontario Court of Appeal’s surprising decision in R. v. Cole. In that decision the Court of Appeal said that a high school teacher was protected against searches on his work computer by the police absent a search warrant. The Court of Appeal based its decision […]
Litigation Value: Michael asking Angela if she had thought they would have sex and Gabe accosting Erin in the women’s room = additional fodder for sexually hostile work environment claims; finding out Phyllis regularly buys erotic cakes = thousands of dollars in therapy for the party planning committee to forget that disturbing mental image; Michael […]
A well-maintained company bulletin board can be an effective method for management to communicate new policies and procedures to employees and boost employee morale. Additionally, bulletin board postings may serve as valuable evidence in the event of a lawsuit or grievance. A neglected bulletin board, however, is a trap for the unwary and a tool […]
by Julia Kennedy A Canadian court recently upheld most of a more than $500,000 arbitration award involving a unionized employee of the Greater Toronto Airport Authority (GTAA). But it ordered the arbitrator to reconsider the mental distress and punitive damages awards. In doing so, the court clarified the broad remedial authority of arbitrators to award […]
Litigation Value: $0.00 for Gabe’s intentional infliction of emotional distress lawsuit against Erin. Stanley’s ADA action for his diabetes is primed and ready. Michael’s final turn hosting the Dundies reminds us why The Office has been a source of so much material since this Blog launched five years ago. Just about every award could be evidence […]