Tag: Employment law

Hey boss! Get ready, be smart, and do the right thing

by Phillip S. Oberrecht You have an important position to fill. You have narrowed the applicant pool to a manageable number. It’s time to conduct interviews, and you need the best person for the job. What can you do to conduct the best interview possible?  The company’s needs, résumés, and social media The first step […]

Activity trackers and wellness programs: high-tech help or privacy threat?

What if an employer interested in improving the health of its employees—and reducing its health insurance premiums—could slap a device on workers to show statistics on physical fitness? Not only could the people participating in an employer-sponsored wellness program track their own progress, the employer also could see just how hard participants in its program […]

Jenner, Dolezal, and the transformative debate

The names Caitlyn Jenner and Rachel Dolezal have been inexorably intertwined over the last couple weeks by the mainstream media and social pundits, including a debate as to whether these two individuals’ circumstances should even be intertwined because they represent entirely different discussions regarding social justice and identity. As most know, Caitlyn Jenner, formerly known […]

Occupational health and safety due diligence defense alive and well

by Rosalind H. Cooper A recent case involving charges against a company under the Ontario Occupational Health and Safety Act has confirmed that the defense of due diligence is alive and well. The defense of due diligence—which may allow employers to avoid a conviction under occupational health and safety legislation—can be difficult to establish. Even […]

Unlimited vacation policies—good idea or license to slack?

by Michael Futterman and Jaime Touchstone Employers have long used paid vacation policies as a compensation benefit and a means of enhancing employee productivity. To keep pace in a competitive hiring market, many start-ups offer employees the right to take “unlimited” paid vacation. While “unlimited vacation” policies do offer certain benefits, the law on such […]

Heeere’s Johnny!!! Or, what horrors lurk in your building?

If you’ve seen The Shining you certainly remember the scene when Jack Nicholson’s character, now thoroughly possessed by the Overlook Hotel’s diabolical spirits, hefts an axe and chases his wife through the snowbound resort. Cornering her in a bathroom, he splinters the door and bellows, “Heeere’s Johnny!”  Scary stuff, for sure. For me, though, I […]

Unfixing a fixed-term contract

by Eowynne Noble In a recent good-news decision, the Ontario Superior Court of Justice shed new light on how damages should be awarded if a fixed-term contract is terminated early and the termination provision is unenforceable.

Going beyond the mantra: Don’t just document, document correctly

Human resources professionals know well the mantra: Document, document, document. But just writing things down isn’t enough. HR needs to recognize and avoid common documentation mistakes. Susan G. Fentin, a partner with the Skoler, Abbott & Presser, P.C. law firm in Springfield, Massachusetts, recently outlined common mistakes as part of a Business & Legal Resources […]

To arbitrate or not to arbitrate? That is the question

by David Johnson Including a mandatory arbitration provision in an employment contract is a trendy thing to do. Is it the right thing to do for your business? Let’s look at some commonly accepted pros and cons of arbitration and dispel some myths. Pros Arbitration is cheaper and quicker. This is usually true because court […]

Settling up: the need for specificity in employee releases

By Kyla Stott-Jess and Kyle Cadieux An employer in Canada would be forgiven for thinking that a release of liability related to employment would protect it from all future claims by that employee. However, a recent Alberta Human Rights Tribunal decision, Hutton v. ARC Business Solutions Inc., 2015 AHRC 7, suggests that the matter is […]