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By Clayton Jones and Derek Knoechel The common wisdom is that Canadian courts are much more willing to enforce nonsolicitation clauses in employment contracts than noncompetition clauses. While this may often be the case, nonsolicitation clauses will still be closely scrutinized by the courts. Two recent cases from British Columbia emphasize the danger for employers […]
Litigation value: $8.99 + tip for Michael’s “free” lunch, although Michael’s tort action for false imprisonment against Mr. Chu and the Chinese restaurant will more than cover it. From an employment liability perspective, it is probably a good thing for Dunder Mifflin/Sabre that Michael’s character is leaving the show soon. One suspects that his soon-to-be-rekindled relationship with […]
By Wendi Watts You probably know what your profiles on Facebook and LinkedIn look like. But do you know what your organization’s profile on the U.S. Department of Labor’s (DOL) new online database looks like? Attorney David Fortney recommends every employer check theirs out. On the database’s home page, the DOL states that the site […]
By Jennifer Shepherd and Gulu Punia It’s a common question. A Canadian employer is restructuring and an absent employee is affected. Can the employer fire the employee if he or she is on disability or other leave? A recent Federal Court of Canada decision, Tutty v. MTS Allstream Inc., has confirmed that the answer is […]
Litigation Value: No immediate employment law liability. Under the applicable statute of limitations in Pennsylvania, however, Andy’s seminar invitees would have up to two years in which to claim personal (digestive) injury caused by Kevin’s “off the rails” motivational display. The Scranton Business Park was a busy place last night, with a number of visitors spending time […]
Almost every employer has policies. The question is, where do they come from? They come from HR, right? But where does HR get them? They must get them from somewhere. And what if you don’t have an HR department? Then someone must have to — gasp — write them. We’re talking about your employment policies […]
Listen up, friends: We’ve recently been handed some very exciting news! According to Sabre’s corporate offices, Will Ferrell will be joining “The Office” for a four-episode arc later this season. Will and his old pal Steve Carrell will be reunited for at least three of the four episodes, as Will plays a Sabre branch manager […]
By Sébastien Lebel and Chris Semerjian Canadian employers have many ways to monitor and control their business operations. However, new technologies — if misused — may lead to violations of employees’ rights. In particular, this raises the question of the extent of employees’ right to privacy. The monitoring of business operations may involve only buildings […]
Litigation Value: Inappropriate Comments by Kevin, Creed, Michael, and Darryl = Yet More Expensive Fodder for Hostile Work Environment Claims; Cost of Sparkly Resolution Board = $4; Michael Force-Feeding Broccoli to Kevin = Priceless. It’s a brand new year, and our friends at Sabre are determined to start off on the right foot by sticking […]
An enthusiastic and energetic individual approaches you with a proposal to volunteer his time to gain valuable experience in your industry. “After all,” reasons the prospective volunteer, “how can I get my first job if I have no experience in the field of my choice?” Sounds like a win-win situation, doesn’t it? Like many win-win […]