Practical HR Tips, News & Advice. Updated Daily.
An employer did not engage in discrimination under the Family and Medical Leave Act when it fired an employee for performance issues, the 8th U.S. Circuit Court of Appeals held, at a time when the employee also was using intermittent FMLA leave. The court noted that the company never wavered from its claim that it […]
Terminator Genisys, the fifth installment in the wildly popular action film series, hits theaters this week. Over the last 30 years, the original Terminator, played by Arnold Schwarzenegger, has transformed from a soulless assassin with no regard for others to a cyborg protector with a heart of gold (actually it’s mimetic polyalloy, but you get […]
by Emily Hobbs-Wright In a nationally awaited decision, the Colorado Supreme Court has upheld an employer’s termination of an employee who tested positive for marijuana because of his off-duty, off-premises marijuana use. The court issued a narrow decision on June 15 in Coats v. Dish Network, LLC. It turned on the fact that marijuana use […]
By Katherine Pollock The Ontario Superior Court decision in Fernandes v. Peel Educational, 2014 ONSC 6506, reminds employers in Canada of how badly matters can go awry when a decision on the merits of a cause case is taken out of the hands of the parties and left in the hands of a third party […]
By Kyla Stott-Jess Over the last month, the Canadian news media has devoted significant time to covering the Jian Ghomeshi scandal. Aside from the celebrity gossip factor, the story has had such staying power because it touches on so many controversial issues—BDSM (Bondage & Discipline / Domination & Submission / Sadism & Masochism), sexual consent, […]
By Kevin O’Neill, Q.C. How the British Columbia Human Rights Tribunal recently handled a retaliation complaint—where the employee was found to be not credible and unreasonable—should give employers pause.
by Mark I. Schickman The New York Times is the second largest newspaper in America, with about two million papers sold each day. It’s also the liberal beacon of American journalism, with solid-gold progressive credentials. Still, it took the paper 160 years to hire Jill Abramson as its first female executive editor in 2011. In […]
by Jane Pfeifle An employer’s failure to include a deployed servicemember on a list of employees when it sold its assets may be a violation of the benefit provisions of the Uniformed Services Employment and Reemployment Rights Act (USERRA). Facts Jonathan Dorris, a floor hand for TXD Services and a member of the Arkansas National […]
The National Labor Relations Board ruled that “liking” a Facebook post criticizing an employer’s business practices constituted protected concerted activity for one restaurant employee, making his resulting termination unlawful. The Board also found violations in a number of the company’s other actions, including interrogating employees about the Facebook posts, threatening legal action and maintaining an […]
by Jonathan C. Sterling Q We have an employee over age 65 who has been a manager for over 40 years and has excellent evaluations in his file. Recently we have learned that his department is possibly committing fraud in their documentation of paperwork. He doesn’t abide by company policy, doesn’t meet deadlines, and has […]