Tag: Employment law

Prehiring Credit Checks Restricted in Alberta

By Lorene Novakowski Employers are often tasked with creating systems to reduce employee theft or fraud. Such systems can include many things including credit checks on potential employees. Recently, Mark’s Work Wearhouse in Alberta was stunned to learn that such credit checks weren’t permissible in the circumstances — even when a number of other measures […]

Sex Sells (OK, No It Doesn’t)

Litigation Value: $250,000 for assault, battery, intentional infliction of emotional distress, negligent hiring, and negligent entrustment. Well, folks, the quintessential horndog — Michael Scott — is back on the stick. And this week, he didn’t disappoint. Michael’s recent announcement that this may be his final year sitting in the boss chair makes us wonder who will replace him; as […]

Trade Secrets, Confidential Information, and Employee Theft

by John Vering A recent national survey found that 59 percent of employees who quit or were laid off or terminated in the last 12 months admitted to stealing company data, and 67 percent admitted to using their former employer’s confidential data to find a new job. Read on to learn what you can do […]

‘Voluntary’ Resignation Supports Discrimination, Retaliation Claims

The Tenth U.S. Circuit Court of Appeals recently overturned a trial court’s dismissal of a case without trial. The case was filed by a female manager in Colorado who claimed she was discriminated against after being forced to choose between moving to California as a part-time customer service representative or “voluntarily” resigning. HR Guide to […]

Shocking Arbitration Decision in Ontario

By Donna Gallant The latest price tag for terminating an employee based on inadequate investigation and preconceived notions of guilt is $500,000. In a searing decision, an Ontario arbitrator found that the Greater Toronto Airports Authority (GTAA) failed to take reasonable steps to ascertain the truth about an employee’s medical condition before it fired her […]

Happy Headhunting for Employers

By Gulu Punia Successful headhunting can add significant value. But employers must be careful that they don’t become the hunted. As with any hunt, there are risks that may not be obvious. In the employment context, a Canadian employer may be on the hook for extended severance or risk an action from the previous employer […]

Be Careful What You Wish For

“This Is Why You Don’t Date Co-Workers” — that’s what tonight’s episode of The Office should have been called. In an amazing twist of fate, this may be the only episode of The Office in which Michael Scott is (a) the voice of reason and understanding and (b) does virtually NOTHING offensive. Instead, this episode […]

Health Care Reform and Workers’ Compensation

by Donald M. Harrison Will health care reform affect workers’ comp? Even though the term “workers’ compensation” isn’t mentioned in the bill, I anticipate both direct and indirect effects on workers’ comp. Most of the consequences are unknown at this time and may not be known for several years, but two direct results are already […]

Was Termination Because of Poor Performance or Age Discrimination?

by Isabella Lee The Eleventh U.S. Circuit Court of Appeals recently rejected the “same decision” affirmative defense in age discrimination cases following the U.S. Supreme Court’s landmark decision in Gross v. FBL Financial Services. The Eleventh Circuit ultimately decided that employers that use age as a reason for termination cannot seek to dismiss a case […]

Employee Fired for Disseminating Inappropriate E-mail at Work

By Alix Herber While many employees are allowed to access and use the Internet and e-mail on company computers for “limited” personal use, it’s not uncommon for them to misuse this privilege. In Poliquin v. Devon Canada Corporation, the Alberta Court of Appeal was asked whether an employee could be fired for cause because he […]