Tag: employer

Supreme Court Expands ERISA Remedies

In a case that could have far-reaching consequences for employers and employees alike, the U.S. Supreme Court ruled on Wednesday, February 20, 2008, that the Employee Retirement Income Security Act (ERISA) allows an employee to sue his employer because of a fiduciary breach that resulted in individual losses to his 401(k) plan. James LaRue says […]

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Releases You Can Rely On

By Donovan Plomp McCarthy Tetrault Does your Canadian business ask employees to sign releases in exchange for their severance packages? Imagine if an employee took the severance package, signed the release, then sued your company anyway. That’s exactly what Douglas L. Titus did to his former employer — and he won at the trial level. […]

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Law Protects Workers’ Wages When Employer Is Insolvent

by Kate McNeill of McCarthy Tetrault and Brian P. Smeenk formerly with McCarthy Tetrault Canada’s federal parliament has passed a law to protect workers when their employers become insolvent A key component of Bill C-12, passed December 14, 2007, is the creation of the Wage Earner Protection Program (WEPP). The WEPP provides statutory wage protection […]

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Big Brother Is Here: Ontario’s Integrated Approach to Enforcement

by Daniel Pugen McCarthy Tetrault Ontario’s new Regulatory Modernization Act, 2007 may sound like a bland piece of regulatory updating, but it actually contains significant changes to regulatory enforcement processes, including those in the employment field. Passed by the Ontario legislature on May 17, 2007, and going into effect on January 17, 2008, this law […]

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Ruling Helps Alberta Employers Defend Preemployment Testing Challenges

by Michael Ford McCarthy Tetrault A long-awaited ruling of the Alberta Court of Appeal clears up some questions related to preemployment drug and alcohol testing related to safety-sensitive positions. The case – Chiasson v. Kellogg Brown & Root issued December 28, 2007 – involved an admitted casual user of marijuana being terminated from his employment […]

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Biometric Hand Scanners vs. Religious Beliefs: What Does the Law Say?

by Daniel Pugen McCarthy Tetrault Biometric hand scanners vs. religious beliefs: What does the law say? In Canada, employers must accommodate their employees’ religious beliefs to the point of “undue hardship” for the employer. But what if you don’t consider an employee’s religious beliefs “mainstream”? That doesn’t matter, according to a recent decision by an […]

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Must-Know Facts about Employment Contracts in Canada

McCarthy Tetrault Q. When does an employer have an employment contract with its employees? A. Every employer in Canada has an employment contract, whether written or unwritten, with each of its nonunion employees. Sometimes, only some of the terms are in writing. When necessary, courts will imply reasonable terms in the absence of any express […]

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The Strike Continues

Well, the strike of the writers’ union continues.  I don’t do that much traditional labor work so I’ve asked my colleague, Jerry Coker, to help me out as he is the firm guru on all things traditional labor.  He is also a huge fan of the show.  Here is what Jerry had to say: Nothing too funny about a […]

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When Can You Terminate a Disabled Unionized Employee in Canada?

McCarthy Tetrault Canadian discrimination laws, like those in the United States, generally require employers to make accommodations for employees with disabilities. By law, employers must accommodate to the point of “undue hardship,” but undue hardship is difficult to define and is assessed on a case-by-case basis. What happens when employee rights come up against your […]

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Grief Counseling Revisited

Litigation Value: $3,000 – $ 5,000 (the amount that Dunder Mifflin will have to pay an attorney to write a brief supporting its motion to dismiss the case). The lesson from this episode is that, try as we might, there are some bad things that happen for which you can’t sue your employer. Or anyone […]

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