Tag: Employment law

The Michael Scott Paper Company

Litigation Value: $100,000 * and possibly a permanent injunction On the “Two Weeks” episode of The Office, Michael decided that since he was leaving Dunder Mifflin, he would start his own company, the Michael Scott Paper Company. This raises a lot of issues about what’s going to happen to the Scranton gang without their fearless […]

Be Careful Taking Cost-Saving Measures in Union Workplace

By Karen Sargeant In the last several months, we have posted several blog entries detailing how employers can reduce employment costs and/or increase workforce flexibility in these tough economic times. We have talked about furloughs, work-sharing programs, changing employment contracts, adjusting the size of the workforce and reducing employees’ hours of work. But all of […]

Some Things Stay the Same under the ADA Amendments Act

by Timothy F. Murphy This week, to review what has and hasn’t changed under the amended Americans with Disabilities Act (ADA), we’re taking a look at a disability discrimination cases that deals with essential job functions and reasonable accommodation. Determining the truly essential functions of a job is often at the heart of a disability […]

Quitting Time

Litigation Value: $60,000 Michael, Michael, Michael. What went wrong? What happened to turn you into this new, bitter man? And why couldn’t you have quit before you cost the company thousands more in potential judgments? Before we get to Michael’s actionable conduct, let’s first touch on the new guy, Charles Minor. Fortunately, it is almost […]

Broad Drug Testing Policies Approved by Arbitrator

By Brian P. Smeenk Drug and alcohol testing has long been a sensitive subject in Canada, especially in safety-sensitive workplaces. A recent 128-page arbitration decision by a leading Canadian arbitrator may have put to rest many of the remaining questions about what kinds of policies will be enforceable in Canada and what they should contain. […]

EEOC Guidance on Disciplining an Employee with a Disability

Have you ever tried to discipline an employee for workplace misconduct only to hear for the first time that his disability caused the misconduct? Did you then wonder how you should proceed? If that has ever happened to you, then the Equal Employment Opportunity Commission’s (EEOC) recent guidance, “The Americans with Disabilities Act [ADA]: Applying […]

OSHA Penalties for Personal Protective Equipment Violations Escalate

In these troubled economic times, the Occupational Safety and Health Administration (OSHA) has hit upon a sure-fire way to increase government revenue without any extra work or change in procedures. If it wasn’t so ominous for employers, we might be tempted to applaud the agency’s ingenuity and audacity. Required federal and state workplace posters, including […]

That’s Not the Ticket

Litigation Value: $25,000 – $50,000 Michael was unusually evil in the Golden Ticket episode of The Office. Juries don’t like evil managers, so Dunder Mifflin is probably looking at another judgment, this time in the range of $25,000 – $50,000. Michael’s outrageous conduct in getting Dwight to fall on his sword (not literally this time) for […]

Paying Foreign and Canadian Crews Comparable Wages Not Good Enough

By Thora Sigurdson, Nicola Sutton, and Derek Knoechel SELI Canada Inc. entered into a joint venture with SNC Lavalin and successfully bid on a contract to build a large rapid transit project in the Vancouver area. The so-called “Canada Line” has been a “hot button” project, causing heated debate about the cost to taxpayers, the […]

What Employers Need to Know When Employees Seek Loans, Withdrawals from Retirement Plans

(Updated Dec. 4, 2009) by Douglas R. Chamberlain When facing financial difficulties, employees often look to their retirement plans as a possible source of needed funds. Many plans offer participant loans or permanent withdrawals, the latter generally on a hardship basis. However, plan loans and withdrawals can jeopardize the employee’s retirement benefits, and both are […]