Tag: termination

What’s Reasonable Notice for Short Service Employees?

By Derek Knoechel and Lindsey Taylor One of the principle features of Canadian employment law that strikes many U.S. employers as unique is the concept of an employee’s common law right to reasonable notice of termination when an employee is fired without cause. Compliance with the minimum statutory requirements for notice, termination pay, and/or severance […]

Employee’s Blogging Justified Firing — But Dismissal Overturned Anyway

Social networking sites and blogs are growing phenomena that present challenges to employers. Internet blogging allows people to publicly express their opinions like never before. Sometimes the viewpoints expressed affect the employment relationship. Canadian case law on this topic is just starting. There are only a few decisions where injurious blogging concerning workplace-related matters warranted […]

How Employers Can Avoid Becoming an EEOC Statistic: Part 1

by Amy M. McLaughlin In its year-end statistics, the Equal Employment Opportunity Commission (EEOC) reported that 75,768 discrimination charges were filed against private-sector employers in 2006. That was the first increase in charge filings in four years. By 2008, the total number of charges filed with the EEOC had jumped 25% to 95,402. With workplace […]

Take Extra Care When Firing or Laying Off Disabled Employees

As a result of the recent economic crisis, many employers have been faced with the unpleasant task of laying off workers. But what happens when one of those employees is disabled? We recently received a question addressing that very issue. The situation involved a severely disabled part-time worker who was hired to stuff envelopes as […]

When Are Chiropractors ‘Health Care Providers’ Under the FMLA?

A little-known provision of the Family and Medical Leave Act (FMLA) makes treatment by a chiropractor different from treatment by almost any other health care provider. Let’s take a closer look at that provision. HR Guide to Employment Law: A practical compliance reference manual covering 14 topics, including FMLA What FMLA says about chiropractors The […]

Practical Job Descriptions Benefit Employees and Employers

Should our company use job descriptions? How long should they be, and what information should they contain? Do they really serve a useful purpose? Employers attorneys get those questions all the time, and the answer is always the same: Yes, employers should use lean, practical job descriptions that accurately reflect essential job duties because they […]

How Can Employers Avoid Legal Issues When Firing Employees?

by Gary Jiles Q: Everywhere you turn right now, you hear bad news about the economy. As a small-business owner, I’m afraid I’ll have to resort to letting go of several hourly employees. Like other employers, I’ve dealt with Equal Employment Opportunity Commission (EEOC) charges from employees, and I have many employees who belong to […]

How to Say Goodbye to an Employee

Many folks will tell you that the relationship between an employee and his employer is a lot like a marriage or a long-term personal relationship. The breakup of that relationship can be nasty, particularly if it has been a long-term association and one of the parties believes he has been treated unfairly. The situation can […]

Releases You Can Rely On

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. […]

Are Employees Using Company Computers to Work or Shop?

The holiday season is just around the corner, and busy employees are increasingly doing their shopping at the world’s gigantic electronic marketplace, located conveniently on their office computer. Careless e-mail use can end up as a huge lump of coal in an employer’s stocking — in the form of evidence used against it in litigation. […]