Tag: Employment law

Can I Fire an Employee for Being Loud?

Q We run a fine-dining restaurant in which the ambient atmosphere is an integral part of our business. We host many business lunches and other professional-type meetings because of the quiet and relaxed environment. That environment has changed a little bit lately as the result of our new hostess, Kimberly. Kimberly is quite the talker. […]

Correctly Classifying a Worker as an Independent Contractor

by Tracey A. Cullen It’s no news flash that companies must proceed with caution when classifying someone who provides them with services as an independent contractor. Independent contractors are paid flat fees without tax deductions or employment taxes. Employees are paid salaries subject to withholding, FICA, FUTA, and other employment taxes and are protected under […]

Can I Fire an Employee for Being Loud?

Q We run a fine-dining restaurant in which the ambient atmosphere is an integral part of our business. We host many business lunches and other professional-type meetings because of the quiet and relaxed environment. That environment has changed a little bit lately as the result of our new hostess, Kimberly. Kimberly is quite the talker. […]

Dude, Here Comes the Torch!

My love of “The Office” causes me to lament these weeks where we don’t get a new episode (or even repeat) to enjoy.  But while I certainly miss my weekly dose of Michael and gang, I need not look further than our very own United States Supreme Court to provide us with more scintillating material […]

Crucial Conversations: Tools for Talking When Stakes Are High

Employment law editor Michael Maslanka reviews the book Crucial Conversations: Tools for Talking When Stakes Are High by Kerry Patterson, Joseph Grenny, Ron McMillan, and Al Switzler. Review highlights tactics in book for effective communication between supervisors and employees. Crucial Conversations: Tools for Talking When Stakes are High‘s big idea: There are tactics you can […]

Not Sweating the Small Stuff Can Be Expensive

By Donovan Plomp McCarthy Tetrault When employees are terminated in Canada, unless they have been fired for “cause” (such as theft) employers have an obligation to provide common law “reasonable notice” of termination or pay in lieu of reasonable notice. Unless the amount of reasonable notice is clearly set out in an employment agreement, it […]

Hunter Caught a Cougar

LITIGATION VALUE:  $200,000 (should Hunter lose interest in Jan and sue); $30,000+ (in emotional distress for those who had to witness Jan’s “love dance”). You know it’s a funny episode when you laugh out loud, even though you are all by yourself — and you’ve seen it before!  For the second time, “Dinner Party” does not disappoint.  Tonight’s […]

Dealing with Difficult People

Employment law attorney Michael Maslanka reviews the book Dealing with Difficult People, from the Results Driven Manager series published by Harvard Business School. Review covers three of book’s best tips for managers for dealing with employees. Ever see those business book paperbacks in airport concession stands? You know, the ones in the metal racks that […]

New Limits Placed on ‘Bad Faith’ Damages in Terminations

by Helen Gray McCarthy Tetrault A recent decision of the Ontario Court of Appeal places new limits on a trial judge’s ability to award damages for conduct on the part of an employer during the termination process that is said to amount to “bad faith.” While it’s an Ontario decision, it can be expected to […]

Understand Workers’ Applications for Permanent Residence

By Naseem Malikand Daniel Pugen McCarthy Tetrault Let’s say you are the human resources director for a Canadian-based operation with affiliates in other countries. One of your numerous responsibilities is to manage the company’s temporary foreign workers, including Americans, in Canada. A challenge you face is handling retention issues with some foreign workers. Given their […]