Tag: Employment law

Happy Headhunting for Employers

By Gulu Punia Successful headhunting can add significant value. But employers must be careful that they don’t become the hunted. As with any hunt, there are risks that may not be obvious. In the employment context, a Canadian employer may be on the hook for extended severance or risk an action from the previous employer […]

Be Careful What You Wish For

“This Is Why You Don’t Date Co-Workers” — that’s what tonight’s episode of The Office should have been called. In an amazing twist of fate, this may be the only episode of The Office in which Michael Scott is (a) the voice of reason and understanding and (b) does virtually NOTHING offensive. Instead, this episode […]

Health Care Reform and Workers’ Compensation

by Donald M. Harrison Will health care reform affect workers’ comp? Even though the term “workers’ compensation” isn’t mentioned in the bill, I anticipate both direct and indirect effects on workers’ comp. Most of the consequences are unknown at this time and may not be known for several years, but two direct results are already […]

Was Termination Because of Poor Performance or Age Discrimination?

by Isabella Lee The Eleventh U.S. Circuit Court of Appeals recently rejected the “same decision” affirmative defense in age discrimination cases following the U.S. Supreme Court’s landmark decision in Gross v. FBL Financial Services. The Eleventh Circuit ultimately decided that employers that use age as a reason for termination cannot seek to dismiss a case […]

Employee Fired for Disseminating Inappropriate E-mail at Work

By Alix Herber While many employees are allowed to access and use the Internet and e-mail on company computers for “limited” personal use, it’s not uncommon for them to misuse this privilege. In Poliquin v. Devon Canada Corporation, the Alberta Court of Appeal was asked whether an employee could be fired for cause because he […]

Do Your Benefit Plans Violate the ADEA?

by Stephen Stine We aren’t getting any younger, and neither are your employees. As a result, employers are increasingly having to confront age-related issues that may lead to legal liability. These issues arise not only in the context of hiring and firing decisions but also in the design of benefit plans. To ensure your benefit […]

Medical Marijuana Compassionate Use Laws Among 2010 Legislative Actions

by Lorraine Yeomans The 2010 state legislative sessions have kicked off across the nation, and one of the first pieces of legislation to be signed into law this year was a bill legalizing the use of medical marijuana. On January 18, as one of his last acts before leaving office, New Jersey Governor Jon Corzine […]

Religious Accommodation Versus Gender Equality

By Dominique Launay In the province of Quebec, a woman was asked to leave two different French classes in Montreal. The woman, a recent immigrant from Egypt, refused to remove her face cover. After being allowed to sit at the front of the class (so all men were behind her) and make presentations with her […]

Diabolical Laughter

This week’s episode was another repeat, and it was just as cringe-worthy as the first time it aired. Doug Hall did a fabulous job covering this episode in first run, so I’ll just use this space to talk about an issue that has been ongoing since the very first episode of the series: the personality clash […]

Alcoholism and ADA, FMLA Liability:What Employers Need to Know

by Brian Burbrink According to the National Institute on Alcohol Abuse and Alcoholism, 17.6 million people — about one in 12 adults — abuse alcohol. Based on the statistics, odds are good that one or more of your employees suffers from alcoholism and may need treatment. The case illustrations below provide insight into avoiding liability […]