Tag: Employment law

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 […]

Worker Hands Employer Tough FMLA, ADA Case

(Updated Dec. 30, 2009) Q. We have an employee who works as an administrative assistant. She was recently in a car accident and injured her arm, hand, and wrist. Her main job duty is to transcribe documents. That often requires her to type for hours at a time. She also is responsible for taking handwritten […]

Well, Isn’t That Special!

Last week’s episode of The Office, “Goodby Toby,” sure gave us plenty to chew on.  So, I’m taking advantage of this week’s break to turn to another Dunder Mifflin pickle presented by the finale — Kevin.  As we saw, Dwight planted the seed with Holly that Kevin is mentally disabled.  Kevin’s natural demeanor certainly drove […]

Supreme Court of Canada Broadens Dismissed Employee’s Duty to Minimize Damages

By Rachel Ravary and Philippe Lacoursière McCarthy Tetrault Chalk one up for employers! In an era when the courts seem to be on a slippery slope of broadening employee rights, Canada’s highest court has given employers a break when it comes to assessing the costs of dismissing an employee without cause. In its decision earlier […]

OSHA Applies to All Businesses

At a top-level management meeting of Unsafe Corporation, located in midtown Manhattan, the newest addition to the legal department, Eager Beaver, inquired into the company’s efforts to ensure Occupational Safety and Health Act (OSH Act) compliance. Laughter was heard around the table, punctuated by the CEO chiding, “The OSH Act doesn’t apply to us. Where […]