Tag: Employment law

A Really Hostile Environment

Litigation value: $ 30,000 There is no question that Jim Halpert, acting manager at Dunder Mifflin Scranton while Michael Scott was away, did a terrible job of diffusing and/or preventing a fight on company property on “The Duel” episode of The Office. Fortunately, the fight between Dwight Schrute and Andy Bernard didn’t lead to any serious […]

A ‘Routine’ Background Check in Canada? There’s No Such Thing

by Derek Knoechel In 1990, a 21-year-old woman was caught shoplifting. She then pleaded guilty to a charge of theft, receiving a conditional discharge. Some five years later, she applied for a position with the Montreal police force. So began a 13-year legal odyssey culminating in a Supreme Court of Canada decision (Montréal (City) v. […]

Employee Free Choice Act: What Employers Should Do Now

by Donald D. Berner and Forrest T. Rhodes The election of Barack Obama as the next president, coupled with the Democratic Party’s increased majority in both the U.S. Senate and House of Representatives, is certain to bring changes. The Employee Free Choice Act (EFCA), which President-elect Obama and Democratic congressional leaders vow to pass in […]

Sexual Orientation Discrimination and the Employment Non-Discrimination Act

by Gary Fealk There has been a push in recent years to provide homosexual, bisexual, and transsexual individuals with protection against discrimination, including discrimination in the workplace. There is even proposed federal legislation, the Employment Non-Discrimination Act (ENDA), on the horizon that may pass in the next session of Congress. Certain states have enacted discrimination […]

Important Labor and Employment Decisions Pending Before the Supreme Court

The current term of the U.S. Supreme Court provides a reminder that the drafters of the U.S. Constitution deliberately created a tension between continuity of law and responsiveness to changes in the majority’s wishes. We are on the cusp of a complete change in administration, with the likelihood of substantial changes in both statutory regime […]

Economy, Political Changes Could Create Perfect Storm for Employment Lawsuits

(Updated April 2009) by Boyd Byers Writer Sebastian Junger coined the phrase “perfect storm” to describe the simultaneous occurrence of different weather phenomena that combine to create a powerful nor’easter (a storm blowing from the northeast). Is a confluence of cultural, economic, and political events whipping up a perfect storm for employment law claims? Many […]

And the Winner Is …

Litigation Value: $0. The last time The Surplus episode of The Office aired, we talked about Dunder Mifflin’s good behavior (relatively speaking). In the spirit of award season –- specifically the Golden Globes, which are on this Sunday –- let’s give some awards to folks for their exemplary behavior during the episode. Best Actor – […]

More Bad News for Wal-Mart in Canada

by Dominique Launay Five weeks ago, we told you about an unfair labor practice complaint against Wal-Mart in Saskatchewan, arising out of its closure of a store in Jonquiere, Quebec. Well, it seems that Saskatchewan isn’t the only province in which Wal-Mart is being dealt blows. The Quebec Labor Relations Board  has also recently ruled […]

The Accountants

Litigation value: $15,000 In our last review of The Office webisodes, we tune into the first websiode, “The Accountants.” In the episode, Oscar, Angela, and Kevin interview everyone in the office to track down $3,000 missing from the books. At times, the interviews become a bit inappropriate, like when the accountants get on Michael’s computer […]

Financial Crisis Should Boost Work-Life Benefits

by Sarah McAdams The global economic crisis is stressing out employees everywhere. Almost half are worried they’re going to lose their jobs, nearly a third are working more hours and taking less time off, 48 percent said that stress makes it hard for them to perform well on the job, and 25 percent are actively […]