Tag: Employment law

Independent contractor’s behavior can lead to criminal liability for employers

By Antonio Di Domenico On Christmas Eve 2009, a swing stage (a work platform) suspended on the 14th floor of an Ontario apartment building collapsed. Four workers including the site supervisor died after falling to the ground. Metron Construction was charged with criminal negligence causing death under Canada’s Criminal Code. The company’s owner and sole […]

Exploring the trickier aspects of hiring: What kills an applicant’s chances?

A few questions to consider about the hiring process: Is it the most rewarding aspect of an HR professional’s job? Is it a thorny task fraught with legal risk? Is it an exercise in frustration, frequently yielding undesirable candidates? For many HR pros, the answer to all three questions is likely yes. The economic downturn […]

Can you silence investigation participants without ruffling feathers?

by Chris Chrisbens Do you instruct or ask employee witnesses to keep the subject matter of a workplace investigation and your interview confidential when you conduct an investigation? Are there consequences for employees who breach confidentiality? For years, HR professionals regularly have given those instructions and been trained by experienced investigators and the Equal Employment […]

Facebook can be an unfriendly place

by Sara Parchello While the summer has come and gone, employees’ photos of their summer activities may not be. If employees post those photos on Facebook or similar sites, employers may be confronted with just what employees did with their time over the summer. And what if, on a day an employee called in sick, […]

Chicago teachers striking over evaluation system, recall pool

by Brian J. Kurtz It is Thursday, day four of the Chicago Teachers Union’s strike against the Chicago public school system. All over the city, many of the 30,000 union-represented teachers and counselors are wearing red T-shirts and rallying with picket signs, banners, and noisemakers in front of city schools and government offices. The public […]

Can you declare company facilities off-limits for off-duty employees?

by Kyle C. Foust Many employers institute policies prohibiting off-duty employees from accessing their facilities. If you are one of those employers, you should ensure that the language of your policy complies with the National Labor Relations Act (NLRA). Specifically, the policy must not violate Section (8)(a)(1) of the NLRA. The National Labor Relations Board […]

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 […]

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,” […]

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 […]