Author: Maine Employment Law Letter

Ain’t no cure for the holiday blues

It’s that time of year again: caroling, Charlie Brown, trees, mistletoe, shopping, and family. All the good stuff, right? For most people, that’s true. But for some people, the holidays are a time of sorrow and loneliness. And for people with clinical depression, they can be especially trying. As an employer, you’re in a bit […]

The holiday (party) season is coming: Plan now to minimize the risks

by Craig M. Borowski The holiday season is almost upon us. Employers often use this time of year to show their appreciation for employees’ hard work and to celebrate with them in the workplace. Unfortunately, however, even an office party planned with the best of intentions can create legal liability for your company or possibly […]

Healthcare reform provisions move forward: preexisting condition exclusions

On November 20, the Obama administration announced it is moving forward with certain provisions in the Affordable Care Act (ACA), including banning insurance companies from discriminating against people with preexisting conditions. The administration issued the following: A proposed rule that, beginning in 2014, prohibits health insurance companies from discriminating against individuals because of a preexisting […]

Hold on loosely!

by Dan Oswald Being a good manager is a delicate balancing act. You have certain responsibilities, and the buck often stops with you. Assigning tasks, monitoring progress, and measuring results come with the territory. Look “manager” up in the dictionary, and you’ll find it described this way: “a person who has control or direction of […]

No woman, no cry

Litigation Value: Dwight’s sexual and sexist comments regarding women = additional fodder for a hostile work environment claim (not to mention Clark’s potential claims); Jim taking calls about starting a different company on Dunder Mifflin time = a potential breach of the duty of loyalty; taking another trip to crazy town with Jan = priceless. With David […]

OSHA urges employers to think crowd control for Black Friday

As shoppers plan their Black Friday bargain hunting, the Occupational Safety and Health Administration (OSHA) is urging retail employers to plan their crowd-control measures to keep workers safe. In 2008, a worker was trampled to death while a crowd of shoppers rushed the doors of a Wal-Mart store in New York. OSHA recommends that retailers […]

Long-term unemployment seen holding back jobseekers

No law specifically says employers are prohibited from discriminating against job applicants who have been out of work for months or even years. The long-term unemployed don’t have protections spelled out in any antidiscrimination laws – or do they? When jobseekers are part of a protected class that has a disproportionate number of people unemployed, […]

The art of Thanksgiving

by Al Vreeland We’ve become a nation of firefighters. Not the heroic sort riding red trucks and saving lives, but the frenetic sort running from hot spot to hot spot, handling daily crises in order of priority. And we usually don’t take time to appreciate the people who help us. So as we belly up […]

No gender confusion means no discrimination

It has been said that the more things change, the more they stay the same. That certainly applies to the following case involving the employment application of a biological female who identifies as a male. While the scenario might be somewhat unusual, the legal issue is one that has been around for decades: Can you […]

Pre-resignation training costs not recoverable

by Jennifer Shepherd Can Canadian employers who require employees to undergo training to upgrade their skills as part of their employment then seek reimbursement from the employee if the employee subsequently resigns?