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On July 26, 1990, President George H.W. Bush signed into law the Americans with Disabilities Act (ADA), guaranteeing equal opportunity for people with disabilities in public accommodations, commercial facilities, employment, transportation, state and local government services, and telecommunications. Here are some statistics about America’s disabled population from the U.S. Census Bureau: There are 41.3 million […]
By Kate McNeill McCarthy Tetrault We all know that once you hire an employee, you have certain legal obligations to that employee. But what about before you even hire someone? In Canada, job applicants are entitled to certain human rights and common law protections that employers must be aware of in their hiring practices. In […]
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 […]
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. […]
by Karen Sargeant former of McCarthy Tetrault You have found the perfect employee. Your intuition tells you the candidate is exactly what you’ve been looking for. But will she really be the perfect employee? Reference and background checks are a good way to ensure that you have the right person for the job, but they’re […]
Litigation Value: $75,000 (I’m sticking with my earlier assessment) A number of people have asked me whether Jan could really be fired for dating Michael. My answer? Probably. Well, at least in most states. Employers can, and often do, implement policies prohibiting their employees from engaging in romantic relationships with co-workers and, certainly, with subordinates. […]
Litigation Value: $40,000 Duty calls and Julie is not able to blog this week due to work. I’m a fellow labor and employment attorney with Ford & Harrison and also a fan of the show. This week’s episode certainly did not disappoint. The episode starts with the Dunder Mifflin employees gathered around for a “safety […]