Practical HR Tips, News & Advice. Updated Daily.
Words matter, and they matter a lot. Or as someone remarked (and I’m paraphrasing), “The difference between the right word and the almost right word is the difference between a lightning bolt and a lightning bug.” Here’s a case from Houston that reminds us about this lesson.
The U.S. 4th Circuit Court of Appeals (which covers Maryland, North Carolina, South Carolina, Virginia, and West Virginia) recently issued a published decision on an employer’s second appeal of a judgment in favor of its former employee on claims of breaching an employment agreement and misappropriating trade secrets under the Maryland Uniform Trade Secrets Act […]
After being terminated for watching pornography on his work computer during work hours, a former employee sued for breach of contract, and the employer countered by asking the court for summary judgment. The case couldn’t be dismissed without a trial, however, because there is a possibility the company fired him to avoid paying a retention […]
It’s no secret that a severance agreement can be an effective risk-management tool. When done right, the separation agreement will forever bar legal claims by the employee who signs it. The question is: do you do yours right?
by David G. Wong When is a suspension not a suspension? Sounds like the start of a bad joke. However, in a recent decision, the Supreme Court of Canada explained that in certain circumstances a suspension will be deemed to be a termination.
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 […]
McCarthy Tetrault A recent decision by the Supreme Court of Canada may make it easier for employees and employers to appeal decisions of administrative agencies to the courts. In Canada, and from an HR perspective, such agencies include labor boards, labor arbitrators, human rights tribunals, pay equity tribunals, and employment standards adjudicators. Imagine an employee […]
In the truth is stranger than fiction category, I recently re-discovered a case in which a Hooter’s waitress in Florida sued her employer for tricking her about a prize in a beer-selling contest. The waitress thought she would win a Toyota if she sold the most beer. However, after she won the contest, her manager […]