Author: Dan Oswald

Enough is Enough: You Can’t Make Progress Without Action

They say to never talk about religion or politics, but I’m going to risk it today. The President gave his State of the Union speech last Tuesday night. I was at a dinner event and missed it. And, I’m sad to say, I really don’t care that I didn’t hear it. You see, I’m incredibly […]

Employers Beware: EEOC Making New Strategic Plan

The Equal Employment Opportunity Commission (EEOC) is seeking comment through February 1 on a four-year strategic plan, and it’s important for employers to know what that plan means to them. The draft of the 2012-2016 plan calls for the agency to: fight employment discrimination through law enforcement; prevent discrimination through education and outreach; and improve […]

Demotion Inappropriate Response to Poor Performance

By David T. McDonald “Cause” for termination is a difficult standard to meet in Canada. So what are your alternatives if you don’t have cause? Warning, suspension, demotion, transfer? In Haddock v. Thrifty Foods (2003) Limited and Quadcam Holdings Ltd., the British Columbia Supreme Court has recently said a demotion may not be a proper […]

Some Friendly Advice

Litigation Value: Nada, Zero, Zilch. Interview Advice: Priceless. No “Office” last night, fellow Scrantonites! (Scrantonians?) I didn’t know what to do with myself all evening. And since we don’t have a new episode – or even a rerun – to discuss, I did what I do best and made a list. Top 10 Things NOT […]

Allowing Gambling at Work: A Good Bet or Bad Odds?

By Celeste Blackburn Are your employees gambling at work? With the Super Bowl and NCAA basketball tournaments coming up, it’s almost a sure bet that at least some employees are gambling on sports during company time, using company equipment. Sometimes, employees don’t wait for major sporting event to gamble, instead betting on the Oscars, American […]

OFCCP’s Proposed Hiring Goals: What’s the Latest?

February 7 marks the end of the public comment period on the Office of Federal Contract Compliance Programs’ (OFCCP) proposed rule that would set a goal for federal contractors to have seven percent of their workforce be made up of people with disabilities. With the calendar nearing the comment deadline, it’s time for employers with […]

Can I Get a Second Opinion on Worker’s Readiness to Return from FMLA Leave?

by Steve Jones Q: Can an employer send an employee who is returning from Family and Medical Leave Act (FMLA) leave to a company-appointed physician for a second opinion to verify that he is able to perform the essential functions of his job? A: No. The FMLA doesn’t permit an employer to request a second […]

Canadians Can Now Sue for Invasion of Privacy, But It’s Not Worth Much

By Brian P. Smeenk Does Canadian law recognize a right to sue somebody for invasion of privacy? In a landmark ruling in Jones v. Tsige, Ontario’s highest court recently said essentially: Yes. In limited circumstances you can sue for “intrusion upon seclusion.” But you won’t have a big payday. This decision is a very significant […]

NLRB Foes Marshaling Forces Against Obama’s Recess Appointments

Will President Barack Obama’s recess appointments to the National Labor Relations Board (NLRB) stand? Some in the business community and Congress hope not, and they’re taking action. Two House actions have been filed in opposition to the appointments: H.R. 3770, sponsored by Representative Jeff Landry (R-LA.), would amend federal law “to provide that payment for […]

Loyalty Unchecked Leads to Headaches and Heartache

Legendary college football coach Joe Paterno died on Sunday after a battle with lung cancer. But by many accounts, some people who knew him well say the 85-year-old died of a broken heart. I think Joe Paterno’s career at Penn State University is worth closer examination because there are lessons for employers and employees alike. […]