Author: Bruce Grist

The irony of irreparable harm

By Bruce Grist Conventional wisdom suggests that because a nonsolicitation clause is more likely than a noncompete clause to be enforced by a Canadian court, why bother including a noncompete clause in an employment agreement? The British Columbia Court of Appeal’s decision in Edward Jones v. Voldeng suggests that there is still value in including […]

The Return of the Nard Dog

Litigation Value: $0. Though there is all sorts of questionable stuff going on, none of it should expose Dunder Mifflin itself to any claims or liability. In tonight’s episode, “Couples Discount,” no one really covers themselves in glory.  You’ve got The Office denizens seeking to goof off one last time before Andy returns, and pretending […]

Guns do not belong in the workplace

by Al Vreeland In these pages, we try―often ham-handedly―to infuse a little humor into the very real workplace dilemmas you face on a daily basis. When we first conceived this article, obvious redneck gun jokes were, well, obvious. But the recent massacre in Newtown, Connecticut, has left us humorless, while recent events in several state […]

Interns: Will work for experience (sometimes)

by Lyndel Erwin An eager young college graduate approaches you looking for work as an intern and offering to do the job for free just to gain experience and make contacts in the industry. A retiree offers to volunteer in your hospital just to have something to fill her day. It looks like a win-win […]

DOL issues final rule on FMLA expansions

On February 4, the U.S. Department of Labor (DOL) issued a final rule implementing two expansions of the Family and Medical Leave Act (FMLA). The rule was issued to coincide with the 20th anniversary of the signing of the Act. One of the expansions provides families of eligible veterans with the same FMLA-protected leave available […]

FMLA’s 20th anniversary: New survey shows use and impact of law

The U.S. Department of Labor (DOL) observed the 20th anniversary of the signing of the Family and Medical Leave Act (FMLA) on February 4 by releasing a survey on its use and impact. The survey, conducted in 2012, follows previous assessments in 1995 and 2000. Both employees and worksites were surveyed. Here are some of […]

The price of leadership

As I write this, it’s Super Bowl Sunday, and tens of millions of viewers will be tuning in to watch the big game tonight. In fact, I heard this morning that 177 million people watched last year’s game. For most of us, our team’s season is over. With 32 teams in the NFL, there’s only […]

Slapping incident not enough to terminate employee for cause

By Karen Sargeant We all know proving cause for termination in Canada is difficult. Poor performance rarely equates to cause. And employees seem to be entitled to warnings in most cases. But surely it is cause if an employee slaps another. Not so, according to one Ontario judge in Shakur v. Mitchell Plastics.

Obama unveils compromise on health reform contraception rule

The Obama administration released a compromise plan February 1 on how contraception is covered under the healthcare reform law, but it’s not clear whether foes of the original requirement will approve. Under President Barack Obama’s Affordable Care Act, contraception is included as a free preventive service. The original rule exempted religious groups that employ mostly […]

Draw me a butt

Litigation Value: Frank can collect from Pam and Dwight the cost of cleaning paint off his truck. “Shouldn’t someone get fired for this?” That’s the question Pam asked while confronting the large orange butts that someone (Frank) spray-painted on her warehouse mural in “Vandalism,” the second of two new episodes tonight. Of course someone should get fired, […]