Tag: Employment law

Can an Employer Deny FMLA Leave After Mistakenly Telling Employee He Is Eligible?

by Daniel B. Gilmore If an employee is admittedly ineligible for leave under the Family and Medical Leave Act (FMLA) but his employer mistakenly informs him that he is eligible before he takes leave, should the employer be prevented from denying his request? The Sixth U.S. Circuit Court of Appeals recently addressed that question and […]

Responding to Employees’ Personal Social Networking

Imagine that one of your employees has her own webpage. One day, you find out that she’s posted a satirical picture poking fun at the company on her site. Then you learn that another employee sounded off about his supervisor on his blog after he received a negative performance evaluation. Can you do anything about […]

Dueling Complaints

LITIGATION VALUE:  $50,000 (in litigation costs on Darryl’s claims); damages continuing to pile up on Oscar’s claims. In tonight’s episode, “The Meeting,” we watched as Michael interfered with Jim’s attempt to obtain a promotion and falsified documents in Jim’s personnel file (clearly a problem, but not the most interesting problem in this episode). We also watched […]

Control the Office Thermostat to Save Money, Environment

Although some parts of the country still feel like summer, this week we officially begin the fall season. The Farmers’ Almanac recently released its winter forecast for 2009-2010 predicting that three-fourths of the United States will experience colder than normal temperatures on average. When temperatures plunge, what can human resources do to reduce energy bills […]

What’s Reasonable Notice for Short Service Employees?

By Derek Knoechel and Lindsey Taylor One of the principle features of Canadian employment law that strikes many U.S. employers as unique is the concept of an employee’s common law right to reasonable notice of termination when an employee is fired without cause. Compliance with the minimum statutory requirements for notice, termination pay, and/or severance […]

What to Do When Contagious Illnesses Come to Work

by Susan Fahey Desmond You’ve probably had enough of hearing about the swine flu (now called the H1N1 virus). It’s front-page news across the world. We are now in a full pandemic as defined by the World Health Organization, but the first thing to understand is not to panic. Your company may already have been […]

Workers Who Lied About Violating Company Rule Fired, One Who Told Truth Keeps Job

You have several employees you’ve caught red-handed violating a company rule that your employee manual says may justify termination for a first offense. When questioned, one admits to the wrongdoing; the others deny it. Can you fire the employees who lied but retain the other employee with a lesser disciplinary measure? According to a recent […]

Telecommuting: Tips for Managing Employees Who Work From Home

by Brian Molinari The ripple effect of stunning job losses since the recession that began in December 2007 have become commonplace across the United States. And it continues: the global pharmaceutical giant Eli Lilly has just announced plans to cut 13.6% of its workforce, roughly 5,500 workers. During the 20 months from December 2007 through […]

Office Scuttlebutt

Litigation value: $100,000 A new season of The Office is upon us!  Although Michael Scott is hardly a man for all seasons (and unlikely to be confused with Thomas More, or any other saint), in last night’s premiere he provided us with yet another object lesson on employment law.  This time the principle involved was […]

Can Corporate Officers’ Duty of Loyalty Limit Their Right to Compete?

The Court of Appeal of Quebec recently overturned a decision of the Superior Court ordering former directors and officers to pay their ex-employer $3,185,148. The damages had been awarded for appropriating a business opportunity of the former employer and for having breached their obligations of loyalty and good faith under the Civil Code of Quebec. […]