Tag: Employment law

Making ‘Subjective’ Employment Criteria ‘Objective’

Most employers understand that they should discourage the use of subjective criteria to make hiring, advancement, and severance decisions. However, many supervisors still insist that they must consider subjective criteria because factors like “attitude,” “initiative,” and “reliability” simply can’t be made objective. True or false? Let’s break it down. Every employee undoubtedly has certain tasks […]

Competing for Talent with Your Own Clients

By Joel Henderson and Stephen Acker Julie is an IT consultant working for NoProblemo! Tech Solutions (NP), a technology consultancy. Julie has worked at NP for six years, is well-educated, and has important certifications and transportable skills. What can NP do to reduce the risk of her being hired away by a client? The scenario […]

It’s Not Easy Being Green

Litigation Value: Front-row seat for the epic Michael v. Oscar battle of the wits = $0; coffee from the office coffee bar = a shocking $8 per cup;  watching Dwight fail miserably at drinking coffee with his toes = priceless. In this week’s episode, Oscar and Michael battle it out to see who is the […]

OSHA Says Employers Must Ban Texting while Driving

by Boyd Byers Recently, the Occupational Safety and Health Administration (OSHA) announced an initiative to combat work-related distracted driving. OSHA’s first point of focus is texting while driving. Audio Conference: Monitoring Employee E-Mail, Texting and Facebook: What’s Off Limits Safety concerns prompt new laws Motor vehicle crashes are the leading cause of worker fatalities, and […]

Behind the Scenes

With The Office closed (i.e., not airing a new episode) when it became this blogger’s turn to write again, he found himself with a dearth of fresh material.  So, instead of quantifying hypothetical litigation value, this post will tie up a loose end from his last entry in October, when he cryptically referred to “where […]

Noncompetes Often a Nonstarter

By Gulu Punia and Kyla Stott-Jess Signing a noncompete agreement can potentially provide some assurance that former employees will not start up or join the competing business across the street. In the absence of a noncompete agreement, employers often try to rely on their former employees’ fiduciary duties to combat competition. Unfortunately, Alberta’s Court of […]

Aspects of Attendance Management Program Ruled Discriminatory

By David Wong Attendance management programs themselves aren’t discriminatory — they just need to be carefully designed and properly applied. Such is the latest conclusion in continuing litigation between Coast Mountain Bus Company Ltd. and the Canadian Auto Workers, a battle over an attendance management program covering transit operators in the Greater Vancouver region in […]

It’s a WUPHF World

Litigation Value: Probably no liability to Sabre, although several employees stood to lose their investments in Wuphf.com. This week’s episode of The Office focused on Dunder Mifflin/Sabre’s own budding social media king, Ryan Howard. We first learned about Ryan’s new social media company, WUPHF, last season when the most recent IT guy, “Glasses,” mined the […]

Health Care Reform Provisions Employers Need to Worry About

Have you been pulling your hair out for the past several months trying to determine what health care reform means for your organization? This article will provide you with a good starting point by outlining many of the major provisions of the health care reform package (the Patient Protection and Affordable Care Act and the […]

Employees Fired for Facebook Postings

By Maria Giagilitsis It’s becoming more and more clear that an employee’s use of social networking websites such as Facebook, Twitter, and MySpace may lead to justifiable discipline by an employer. On October 22, 2010, the British Columbia Labour Relations Board released its decision in West Coast Mazda (d.b.a. West Coast Detail & Accessory Centre) […]