Practical HR Tips, News & Advice. Updated Daily.
Despite a trend toward employers embracing flexibility in the workplace as a way to improve work-life balance, most employers have expectations related to their employees’ schedules. In some workplaces, rigid schedules aren’t necessary as long as the work gets done. In others, shifts are firm and when someone needs time off, a request is made […]
The Equal Employment Opportunity Commission (EEOC) has published new guidance addressing whether an employer violates the Americans with Disabilities Act (ADA) by requiring a high-school diploma for a job. The guidance was issued in response to an informal discussion letter in which the agency stated that the requirement may violate the ADA if (1) it […]
By Thora Sigurdson We all know that, where applicable, it’s important to take care in drafting confidentiality, noncompetition, and nonsolicitation terms in employment, contractor, and other agreements. A recent case in British Columbia, Cruise Connections Canada v. Cancellieri, reminds us of the value of having a “duty of good faith” clause. It also illustrates how […]
by Mark I. Schickman The National Labor Relations Act (NLRA) lists as one of its purposes the creation of a uniform national labor policy. That might have been the thought nearly 80 years ago when the NLRA was enacted, but it is the furthest thing from the truth today — as state-to-state conflicts in employment […]
by Jeffrey S. Beck Most employers are aware that to meet the burden of establishing a discrimination claim under the indirect method (i.e., without “smoking gun” evidence of discriminatory intent), an employee must offer evidence that similarly situated individuals outside her protected class were treated more favorably. While that principle is well established, cases can […]
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. […]
By Hadiya Roderique Working notice — the default under many pieces of employment standards in Canada — can be a way to reduce an organization’s cost of termination of employment. But what happens when an employee quits in response to getting fired before the end of the notice period? And what happens when the working […]
The old saying goes that the devil is in the details. When considering the doctrine of at-will employment, it may be more correct to say the answers are in the details. But, that doesn’t mean some of those details aren’t a bit devilish to decipher. HR professionals often struggle with termination decisions. The decision is […]
By Saul C. Glazer The Wisconsin Assembly passed a bill on February 21 eliminating compensatory and punitive damages awards for violations of Wisconsin’s Fair Employment Act (WFEA). This bill was passed by the Wisconsin Senate in November 2011 and is expected to be signed into law by Governor Scott Walker shortly. This law reverses a […]
By Donna Gallant Employers are regularly called upon to modify the workplace or job duties in order to accommodate disabilities. But personal assistive bodily devices haven’t traditionally been part of the accommodation discussion in Canada. This may now be changing, according to a recent arbitration decision. Teacher requires hearing aids A teacher struggled with a […]