Tag: termination

More human rights ‘frustrations’

by David G. Wong Traditionally, when an employee’s absenteeism was excessive and there was no reasonable prospect of  returning to work in the foreseeable future—as long as there was no contractual term providing otherwise—a Canadian employer could discharge the employee for non-culpable absenteeism or treat the employment contract as having been frustrated. This would bring […]

Exercise Aniston-esque restraint when analyzing offensive employee posts

by Ed Carlstedt This week’s employment law lesson comes to us from the movie Horrible Bosses. In the movie, Julia (played by Jennifer Aniston) is a dentist who employs dental assistant Dale (played by Charlie Day). After Julia uses her boss status to torture and torment Dale for most of the movie, Dale finally records […]

Employees who posed for photo as KKK members lose race bias case

by Emily Bensinger Edmunds It should go without saying that dressing up as a Ku Klux Klan (KKK) member in modified work clothing at work is unacceptable conduct in the eyes of any employer. As this case from the U.S. District Court for the Eastern District of Pennsylvania shows, three employees who were fired after […]

displaced

3 tips on firing employees—Les Miles/Mark Richt “silly season” edition

With the college football regular season coming to a close, you may have noticed that a different kind of season has begun, a time referred to by authors and sports bloggers alike as “silly season.” The fun (and farce) is typically kicked off by the mid- to late-season rumors that a formerly promising coach of a prominent […]

Dealing with mental disabilities in the workplace

by Jonathan Mook These days, the news is filled with stories of returning veterans who suffer from posttraumatic stress disorder (PTSD) or other mental impairments and have problems adjusting to civilian life at home and in the workplace. The issues employers face when dealing with veterans and other employees with mental disorders were put on […]

Alcoholism and how USC may have violated ADA by firing Steve Sarkisian

On October 12, 2015, Steve Sarkisian was fired as  head coach of the University of Southern California (USC) football team. While USC contends Sarkisian was fired for “cause,” there is no question that his alcohol-related behavior led to his termination. Whether the termination was or was not properly for “cause” is relevant, in part, because […]

Managing an injured employee

by Al Vreeland Few things create more headaches in the HR suite than an employee who is injured on the job and then resists returning to work. HR’s headaches are usually centered at the intersection of state workers’ compensation laws, the Americans with Disabilities Act (ADA), and the Family and Medical Leave Act (FMLA). A […]

Zero tolerance for stalking on company time

by Chuck Harrison A single incident of misconduct can still justify the termination of a unionized employee’s employment. So ruled a labor arbitrator in British Columbia recently. In Fortis Energy Inc., (February 16, 2015) the employee had engaged in an incident of stalking and intimidation of his wife’s supervisor. Compounding his offense, he did this […]

Human Resources lessons from NFL preseason football: employees returning to work after cancer treatment

For fans of Southeastern Conference football (and, I mean, who isn’t, right?), the name “Eric Berry” is one you don’t easily forget. Berry made his presence known as a defensive back for the Tennessee Volunteers from 2007-2009. Even though he played only three seasons in college, he was twice named a Defensive All American by […]

Failure to Provide FMLA Notice to Employee Costs Employer $275K

A federal district court judge approved a consent decree requiring Staples to pay $275,000 for failing to notify an employee of his Family and Medical Leave Act leave rights to care for his critically ill wife over a period of two years. The U.S. Department of Labor contended that the office supply chain’s failure to […]