Tag: employment relationship

Preventing independent contractors from becoming full-fledged employees

by Michael J. Spooner Businesses’ use of independent contractors is a growing trend in the American economy, and many observers believe the trend is here to stay. Independent contractors come in a variety of shapes and sizes. Well-known companies like Uber and Lyft rely almost exclusively on independent contractors, but there has been a significant […]

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Making restrictive covenants enforceable

by Ralph N. Nero and Keri L. Bennett Many of our recent articles have focused on decisions involving employees’ breaches or threatened breaches of restrictive covenants. Including restrictive covenants, such as nonsolicitation and noncompetition covenants, into employment contracts is important for employers to protect their business interests. In order to be enforceable, however, such covenants […]

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Lack of trust: How much evidence is enough?

by Louise Béchamp As a Québec employer recently learned, an alleged breach in the relationship of trust between employer and employee must be supported by objective evidence and facts if it is to form cause for termination of employment. In Senécal vs. CEGEP du Vieux Montréal, 2012 QCCS 1995, the employer was ordered to pay […]

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Mötley Crűe drummer rocked by employment lawsuit

by Boyd Byers I have a confession. In the 1980s, I rocked out to heavy metal music ― bands like Def Leppard, Guns N’ Roses, Judas Priest, and the Scorpions. But above them all was Mötley Crűe. Other bands talked the talk, but the Crűe ― proclaimed the world’s most notorious rock band ― walked […]

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Excessive Absenteeism: When Enough is Enough

By Keri Bennett Employers everywhere often wonder when an employee’s “innocent” or no-fault absences reach a level that warrants termination. Can these employees ever be fired? Yes, is the answer from one New Brunswick labor arbitrator in Canadian Union of Public Employees, Local 1252 and Vitalité Health Network. Facts A nurse at a hospital in […]

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Charity Runs Afoul of Canada Revenue Agency

By Gulu Punia and Jennifer Shepherd Deciding to retain a contractor rather than an employee can be the right decision depending on the needs of a business. But there are risks. If a court determines that the relationship is in fact an employment relationship, the employer can be liable. Such was the case in M.A.P. […]

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‘I Quit’: Risks of Assuming Resignation

By Kyla Stott-Jess and Gulu Punia A difficult employee states that he is quitting and walks out the door. Problem solved? Or just beginning? Recent cases illustrate that it’s hard to know when an employee has quit in the eyes of the courts in Canada. And it can be expensive when you get it wrong. […]

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Saying Goodbye

It’s “déjà vu all over again” for this blogger, who already saw and wrote about tonight’s episode of The Office — both when it was being filmed and as it later aired. What then to post? Well, for good or ill, recent events in the broadcasting world have shed light on an important and recurring […]

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