Author: Emilie Paquin-Holmested

Did he quit, or was he fired?

by Emilie Paquin-Holmested Generally when employees decide to leave their jobs, they are considered to have quit. But in Canada, if they leave their jobs because the employer substantially changed essential terms of their employment, they are considered to have been constructively dismissed. The line separating these two notions is often unclear. It’s especially so […]

EEOC plan reveals enforcement priorities

The Equal Employment Opportunity Commission (EEOC) has released a draft of its Strategic Enforcement Plan (SEP) that spells out priorities such as stepped-up efforts against hiring discrimination and harassment, new protections for various vulnerable workers, preserving access to the legal system, and dealing with emerging issues like changes brought by the ADA Amendments Act. Recruitment […]

Employees, applicants, and jail: What HR should do?

An employee is arrested and something must be done. Do you fire the employee because you don’t want to put up with someone who lands in jail? Or do you wait to get the facts, maybe even wait for the legal system to run its course before making an employment decision? A related quandary is […]

DOL releases guide to FMLA

by James J. Rooney and Kerry Langan The U.S. Department of Labor’s (DOL) Wage and Hour Division (WHD) has released a 16-page guide to the Family and Medical Leave Act (FMLA) designed to make the law more accessible to employees. The publication, titled “Need Time? The Employee’s Guide to The Family and Medical Leave Act,” […]

Turn back the clock

Last week, I had occasion to return to Chicago, which was my stomping grounds for nearly a decade in the 1990s and early 2000s. While I was there, I spent time with a former colleague, reminiscing about the good old days. We were both still in our 20s when we began working together nearly 20 […]

More mysteries of mitigation

by Karen Sargeant and Clayton Jones Last week, we reported on the Ontario Court of Appeal’s decision in Bowes v. Goss Power Products Ltd., which found that an employee does not have a duty to mitigate where an employment contract contains a fixed severance entitlement but no express requirement to mitigate. The Court of Appeal […]

Distracted driving and HR: What’s the connection?

Headlines abound about tragic car accidents resulting from drivers distracted by cell phones. Many of those reports involve drivers taking calls or texts while they’re on the job. Such tragedies have prompted a number of employers to develop policies aimed at curtailing use of phones while employees are driving. Those tragedies also have prompted juries […]

Dunder Mifflin, We Hardly Knew Ye

It is August 30, 2012, the night of a blue moon, and I’m a bit blue with the news earlier in the week that this will be the last season for The Office. So I thought I’d crack open a Blue Moon (OK, not literally — taking some literary license here) and share some thoughts about […]

Seattle’s paid sick and safe time leave law takes effect September 1

Seattle’s new law requiring paid sick and safe time leave is set to take effect September 1, and the Seattle Office for Civil Rights (SOCR) has published final rules defining some of the responsibilities of employers that have employees working in Seattle. Read Seattle’s new sick and safe time rules The law means that employees […]

Servicemembers protected by USERRA in hiring and reinstatement

by William Dabney The Uniformed Services Employment and Reemployment Rights Act (USERRA) and its state-law analogues present challenges for employers. Not only do those laws require you to reinstate returning military personnel to their former jobs with no loss of pay, privileges, or opportunities, but they also require special consideration and accommodation to military applicants […]