Changes to the West Virginia Wage Payment and Collection Act mean employers have a new option for recovering the cost of items not returned by employees upon separation of employment.
Tag: employment relationship
Do you realize that every one of us has a psychological contract with our organization? The psychological contract is a concept that describes the understandings, beliefs, and commitments that exist between an employee and an employer. Although it is unwritten and intangible, it represents the mutual expectations that are felt between the two. The psychological […]
The Washington Supreme Court recently held that job applicants have a claim under the Washington Law Against Discrimination (WLAD) when a prospective employer refuses to hire them in retaliation for their opposition to discrimination by a different employer.
by Cindy Switzer In a recent decision – Peterson v. The Mutual Fire Insurance Company of BC, 2017 BCHRT 21 (CanLII) – the British Columbia Human Rights Tribunal considered whether a corporate director who was told he could not serve a second term on the company’s board because he was over 69 years old, ought […]
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 […]
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 […]
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 […]
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 […]
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 […]
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. […]