Practical HR Tips, News & Advice. Updated Daily.
By Marisa Victor and Yael Wexler Noncompetition clauses in employment contracts are difficult to enforce in Canada. Courts tend to regard them as unreasonable restraints on trade. Any ambiguity usually will be fatal. Nor will the courts generally use a “blue pencil” to remove ambiguous words. This was made clear in the recent appellate decision […]
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 […]
The worst-case scenario for any claim involving an employment-related decision is the “smoking gun” piece of evidence that destroys the case. It could be a notation in an interviewer’s notes that the applicant was “old” or a supervisor’s note indicating that the recently terminated employee “complained about safety issues a lot.” Because you generally have […]
Litigation Value: none now, but plenty in the making. Studio 54 was a nightclub in New York City with infamously loose rules related to sexual expression. Rumor has it that back-room rendezvous were the norm. Sabre/Dunder Mifflin’s Scranton office may be trying to give the club a run for its money. Dwight Schrute reminded us that […]
If there’s a critical time to watch what you say in the workplace, it’s when you terminate an employee. If an employee is accused of sexual harassment or other misconduct, ensure that you conduct a fair and comprehensive investigation. Don’t make the mistake of assuming that the allegations are true just because a complaint was […]
The U.S. Supreme Court held today in Gross v. FBL Financial Services, Inc., that employees who sue their employers for age discrimination must prove that age was the cause of an employment decision, even if they have some evidence that age was a factor in the decision. This 5-4 decision makes it harder for employees […]
Marcial Avila worked for Jostens, Inc., a yearbook publisher, in its Topeka, Kansas, facility from 1995 until September 2003. His duties included counting yearbooks, packing them into boxes, and printing and affixing shipping labels. He is a legal resident of the United States but was born in Mexico and spoke Spanish as his primary language. […]
Litigation value: $15,000 In our last review of The Office webisodes, we tune into the first websiode, “The Accountants.” In the episode, Oscar, Angela, and Kevin interview everyone in the office to track down $3,000 missing from the books. At times, the interviews become a bit inappropriate, like when the accountants get on Michael’s computer […]
The editors at Amazon.com have put together a list of the best books of 2008 in the “Business and Investing” category. 1. The Snowball: Warren Buffett and the Business of Life by Alice Schroeder. The legendary Omaha investor has never written a memoir, but now he has allowed one writer, Alice Schroeder, unprecedented access to […]
by Sara Parchello While U.S. employers know that their human resources policies may need to be tweaked to comply with Canadian laws, many are surprised at how different Canada’s drug testing laws are. In the United States, drug use and impairment in the workplace are seen the same as any other criminal activity. In Canada, […]