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On The Tonight Show Starring Jimmy Fallon the other night, the host and Matthew McConaughey competed to see who could throw the most footballs at the other guy’s face. Not his physical face, of course, but glass plates printed with each guy’s face. Toward the end, McConaughey steps in front of Fallon as he is […]
by Cathy Chandler Until recently, Ontario was the only jurisdiction in Canada without a specific policy dealing with the effect of pre-existing conditions on claims for workers’ compensation. That has now changed. On November 1, 2014, a new policy of the Ontario Workplace Safety and Insurance Board (WSIB), Pre-Existing Conditions, came into force. The goal […]
By Kyla Stott-Jess A recent Alberta court decision indicates that health problems arising from systemic harassment in the workplace can be covered by workers’ compensation (WCB) insurance. This decision may have ramifications across Canada.
Do not include the following in your documentation, says Wobst: Personal opinions. Rumors or speculation about the employee’s personal life. Theories about why the employee behaves a certain way. (Don’t practice psychiatry without a license.) For example, don’t call an employee “crazy.” Instead, document behaviors. Legal conclusions. (Don’t practice law without a license.) For example, […]
Employers face tough personnel decisions every day, and the threat of litigation makes the decision process even more problematic. Recently a group of attorneys tackled a couple of situations that present discrimination hazards–whether it’s too risky to reduce an older employee’s hours and whether it’s possible to lawfully check out an applicant’s workers’ compensation history. […]
“You will find that pretty much every workers’ comp law in the country does have anti-retaliation provisions. And so, just the act of filing a workers’ comp claim gives somebody protected status that’s somewhat analogous to somebody filing a complaint with the Equal Employment Opportunity Commission or filing a complaint under one of the wage/hour […]
By Frederic Parisien Can Canadian employers use information from their employees’ Facebook pages in managing the employment relationship? Not an age-old question, but one debated in recent years. In many provinces, the answer was “yes.” But in other provinces, such as Quebec, some commentators took a more cautious approach. In a recent decision, the appeal […]
Series Litigation Value: various harassment, discrimination, and bizarre workers’ compensation matters = astronomical; future employment matters due to Dwight taking over as Regional Manager = enough to keep Dunder Mifflin’s attorneys busy for many years to come; seeing the older, hopefully wiser, family man version of Michael in the final episode = priceless. After years […]
Yesterday, we looked at attorney David Schmit’s “Workers’ Comp 101” tips for staying in legal compliance when discipline is necessary—including the importance of good cause and consistent treatment. Today, his thoughts on the key role of documentation.
Litigation Value: Aside from a potential workers’ compensation claim for Toby, from having a paper airplane thrown directly into his eye, Dunder Mifflin is getting off light this week. This week, we all got to relax a bit, as the Dunder Mifflin employees let their hair down and their competitive beasts out and took part […]