Tag: Employment law

Making restrictive covenants enforceable

by Ralph N. Nero and Keri L. Bennett Many of our recent articles have focused on decisions involving employees’ breaches or threatened breaches of restrictive covenants. Including restrictive covenants, such as nonsolicitation and noncompetition covenants, into employment contracts is important for employers to protect their business interests. In order to be enforceable, however, such covenants […]

Going for Gold

In honor of the Olympics, I have decided to hand out some well deserved medals to our Dunder Mifflin friends for keeping us laughing all these seasons.  I’ll only be handing out gold medals, because that’s the only color on my yogurt lids and I have run out of paperclips for the chains.  Without further […]

Social media fame: harmless or damaging to employers?

Seen any viral videos lately? Maybe a more pertinent question is: Fired anyone over a viral video lately? Videos and other social media posts run the gamut from cute kittens to dancing wedding parties. Sometimes, though, they delve into more serious subjects and become statements on political and social issues — issues that can embarrass […]

Space: the final frontier

by Mark I. Schickman There have been many lawsuits limiting the introduction of religion into the workforce. Employees who insist on a God-given right to bash gays at the workplace are subject to termination ― despite their right to express their religious beliefs. An employee whose religion opposes taking orders from women will lose his […]

Breach of privacy rights: What’s it worth?

by Lorene Novakowski In a recent Alberta arbitration award, the arbitrator awarded damages to employees for a breach of their privacy rights, in the amount of $1,250 each. The grievance arose after the province of Alberta conducted background credit checks  without consent on 26 government employees. The employees worked in an area–maintenance enforcement–that gave them discretion in […]

Time to assess summer worker programs

As back to school time looms, employers may be assessing their experiences with summer workers — those brought in for seasonal work as well as college interns learning the ropes in their chosen profession. Now is a good time to examine which employer practices are sound and which ones may be iffy. Employers need to […]

Office Olympics

With the Olympics in full swing this summer, reruns of The Office have been replaced with reruns of the Olympics (OK, tape-delayed events, but you get the idea). I can only assume this means that every workplace in the entire world is now hosting its very own office-themed Olympics with events ranging from office-chair races to Flonkerton. (In Season 2, […]

Top 10 tips for conducting an effective sexual harassment investigation

by Lauren M. Cooper Employers must take all reasonable steps to prevent harassment from occurring. You must also promptly correct any sexually harassing behavior that has occurred. Effectively investigating harassment complaints and promptly intervening are critical to both of those goals. Prevention of the harassing behavior is the ultimate objective. Effective and immediate intervention also […]

When does post-termination conduct amount to cause?

by Jennifer Shepherd Can a Canadian employer justify an employee’s dismissal for acts committed after he or she has been fired? The answer is: sometimes. In Gillespie v. 1200333 Alberta Ltd., an Alberta court overturned a lower court ruling that permitted an employer to retroactively justify an employee’s termination because the employee removed confidential documents […]

Angry Andy Revisited

Potential Litigation Value:  “Priceless” We are well into the summer re-run season and this week’s episode was no exception.  The gently viewed episode of “Angry Andy” allows us to revisit the importance of having a strong and dependable HR department.  The following quote encapsulates Dunder Mifflin’s HR department and also may explain why there are so many […]