Tag: Employment law

2010 Dundies

Litigation Value: A little recognition goes a long way, especially if there’s an unlimited bar tab… As the weeks roll by, we find ourselves closer and closer to the season premiere and Michael Stott’s last year at the office. But right now, we’re still in the midst of the long, hot summer, and last night was […]

Paycheck Fairness Act Update and Other Compensation Concerns

by David S. Fortney, Fortney & Scott, LLC Well-counseled employers know their company’s compensation systems increasingly are subject to enforcement actions and litigation challenges. The trend of employers facing significant challenges to their compensation systems is both continuing and accelerating. Recent developments include renewed efforts by the White House to enact legislation to increase employers’ […]

Canada’s Rocky Economy Leads to Legal Refinements in Employment Benefit Law

By Bill Duvall As the prognosis for Canada’s economy remains uncertain, the Canadian court system continues to churn out employment cases arising from distressed employers. On this front, two recent cases are of interest. In the first, an Ontario court concludes that employees may not be entitled to statutory severance pay when they are provided […]

Words Matter (More than Lithium)

Litigation Value: A plaintiff (and high school) class consisting of “Scott’s Tots,” each of whom could claim entitlement to four years of college tuition — less an offset for the value of a laptop battery. (Thanks, Mr. Scott.) Greetings, faithful readers! You know the summer’s going fast and the nights are growing colder — at […]

Trying to Go Paperless? Guidelines for Electronic Personnel Documents

by Joseph C. Pettygrove Employers are increasingly looking at the feasibility of scanning hard copies of various types of employment documents and retaining only the electronic copies in the routine course of business. Generally speaking, you are allowed to do that if you ensure that your electronic record maintenance systems are secure, accurate, reliable, and […]

How the Mighty Have Fallen (Again)

by Katherine Pollock Recently, we learned of a scandal out of the United States that cost a top CEO his job. On August 6, Mark Hurd, the chair, CEO, and president of Hewlett Packard for the past five years, “resigned” under intense pressure from the board. While it was an allegation of sexual harassment that […]

Re-Acting Koi

Additional (Hypothetical) Litigation Value: $225,000 to Michael Scott for workers’ compensation benefits and medical expenses. Neck deep in an August hot enough to boil cement, and we’re dealt yet another repeat. In fact, I extensively covered this episode last October (see Acting Koi), and I’m unsure what else can be said of Michael Scott’s unrelenting tomfoolery. […]

Is Obesity a Disability? Fat Chance!

by Gary Jiles Q: Can an employee be fired for being so obese that he can’t do his job? In other words, is obesity a disability protected by law? Americans with Disablities (ADA) Compliance Manual A: The employee must be qualified to do his job or he faces termination. With a few exceptions, the latest […]

Eject Him! Attorneys Say JetBlue Shouldn’t Let Employee’s Tirade Slide

By now, most people have probably heard about Steven Slater, the JetBlue flight attendant who became America’s newest so-called “folk hero” after he told off a difficult passenger, grabbed a beer, and exited a plane via the inflatable emergency chute. We decided to ask several employment law attorneys — all members of the Employers Counsel […]

Work Permits: Employee Transfers for Canadian Start-Ups

by Isabelle Dongier In our March 22, 2010 article, we explained the simplified and expedited processes for obtaining a temporary work permit for foreign employees transferred from outside Canada to a Canadian parent, subsidiary, branch or affiliate company. These intracompany transfers provide a significant benefit for companies — they exempt them from demonstrating their reasonable […]