Tag: Employment law

Tech Employee Fired for Egregious Computer Use: Termination Justified

By Maria Giagilitsis Along with the extraordinary benefits accompanying today’s rapidly advancing technology comes an increasing vulnerability for Canadian employers who strive to hire the “best of the best” information technology groups. On the one hand, “wizard like” computer skills are an invaluable asset — they can lead a company’s growth while sharpening its competitive […]

I Do. You Sue

This week was another repeat of “Niagara,” the hour-long Pam and Jim wedding episode. Doug Hall and Matt Scott did a nice job with this episode here and here offering different takes on employee behavior outside the office. But seriously, does an employer really have to be concerned about what happens at an employee’s wedding? Yup. The […]

EEOC Claims Reach Record Level, What Employers Can Do

When the economy declines, it’s a safe bet that the number of discrimination claims filed against employers will increase. And as we are currently in the worst economic climate since the Great Depression, employment law attorneys weren’t surprised when the Equal Employment Opportunity Commission (EEOC) reported this week that it received an unprecedented number of […]

Wal-Mart Employee Class Action in USA – Lessons for Canadian Employers?

By Donna Gallant When the Ninth Circuit Court of Appeals (San Francisco) affirmed an order certifying the largest employment discrimination class action ever in the United States, Wal-Mart was left facing a class of up to 1.5 million members. Employers were left wondering just how big and powerful these opponents might get. On December 6, […]

In the Company of Gleeks

Litigation Value: Likely no liability against Sabre/Dunder Mifflin, but Gabe could have some property damage claims against Michael and Andy Only two more weeks until new episodes of The Office return, and I’m eager to find how the writers will wrap up Michael Scott’s career. Quick question for you Officeheads out there: How do you think they […]

How to Screen Job Applicants and Avoid Liability

Q: I own and operate a business in which physically demanding work is part of the employees’ daily activities. I recently hired several employees who I thought were qualified for the job. However, I quickly learned that they weren’t in good enough health to do what was required of them. This is causing a lot […]

Ghost of Christmas Past: Firing Union Supporters Can Come Back to Haunt You

By David McDonald Most Canadian employers are familiar with what they can and can’t do when they’re the target of a union-organizing campaign. Labor legislation across Canada prohibits management from terminating or disciplining employees because of trade union affiliation while a union is attempting to gain representational rights. A recent decision from British Columbia, Playtime […]

Cheap Labor

Litigation Value: Class action by day-laborers hired by Dwight = $500,000; penalties for violations of the Immigration Reform and Control Act = $50,000. [Tonight’s entry was authored by Josh Drexler, whom you’ll be hearing more from in the coming year.] While watching last night’s two repeat episodes, I noticed that Dwight Schrute potentially exposed Sabre/Dunder […]

Hiring Decisions and Older Workers — Avoiding Liability

By Alix Herber and Hadiya Roderique Across Canada, human rights legislation prohibits employment discrimination on the basis of age. This applies to all aspects of the employment relationship — job advertisements, application forms, job interviews, hiring decisions, denial of promotional opportunities, and termination decisions. Data from the Ontario Human Rights Commission for 2007-2008 and 2008-2009 […]

The Sting Redux

Tonight’s Office (originally aired October 2010) involved the courtship — a/k/a sting operation — of Danny Cordray, the slick-talking, good-looking uber salesman from Osprey Paper Company. Cordray keeps stealing Dunder Mifflin clients, so Michael, Jim, and Dwight set up a fake office front with Meredith posing as the CEO of a fictional company. The goal […]