Tag: Employment law

Avoiding Hiring Pitfalls in Canada

By Kate McNeill McCarthy Tetrault We all know that once you hire an employee, you have certain legal obligations to that employee. But what about before you even hire someone? In Canada, job applicants are entitled to certain human rights and common law protections that employers must be aware of in their hiring practices. In […]

Response to last week’s article

by Brian Smeenk Editor – Northern Exposure Like the hockey gag line about going to a fight only to have a hockey game break out, last week Northern Exposure was the site of shock and awe, and a good legal debate broke out. There was a lot of interest in our post last week about […]

401(k) Fee Cases: Hot Area for Litigation

In the past year, litigation filed under the Employee Retirement Income Security Act (ERISA) has exploded, and it’s quickly becoming an ever-present reality for employers. One of the most recent and fastest-growing areas of this litigation involves 401(k) fee cases. Because the lawsuits are very new and still not well publicized, they catch many employers […]

Chair Model

LITGATION VALUE:  $6,000 – $10,000 Despite what you might think, Michael’s demand that all employees provide him with candidates to serve as the mother of his children does not violate any major employment law.  After all, Michael made the demand of all employees and not, for example, only female employees or employees of a particular […]

Death To All Sacred Cows

Employment law attorney Michael Maslanka reviews the book Death To All Sacred Cows: How Successful Business People Put the Old Rules Out to Pasture by Bill Schwab. Review highlights book theory about how email does not always save and tips for effective use of email. I just finished reading a really funny book, Death to […]

McDonald’s Fails to Accommodate Employee Unable to Wash Hands

by Daniel Pugen and Earl G. Phillips McCarthy Tetrault In Canada, human rights legislation provides that employers have a duty to accommodate disabled workers unless such accommodation would cause “undue hardship” on the employer. A recent case involving McDonald’s Restaurants before the British Columbia Human Rights Tribunal illustrates the high standard of accommodation expected of […]

Pregnancy Complications: Disability, No; Sex Discrimination, Maybe

By John C. Pitblado By now, you know that the old “sticks and stones” schoolyard adage is way off: Words can hurt you. You may be surprised to find out how few words (in this case, a 12-word phrase in an e-mail) it takes to really hurt an employer that’s facing a discrimination claim. HR […]

Managing the Millennials in the Workplace: Part 2

by Stephen J. Stine Last week, we examined who the Millennials (members of Generation Y) are and tips for managing them in the workplace. This week we’ll look at some of the challenges they present to employers and how to deal with them. Audio Conference: Are You Ready for the Millennials? What HR Needs to […]

The Dinner Party

LITIGATION COST: Paying lawyer to review corporate ethics policy: $1,500; paying Michael severance: $5,000; avoiding corporate scandal: priceless. Does any company really want its regional manager to hit up subordinates for money? Does it matter that he did it in his condo rather than his office? The answer to both of these questions is, quite […]

The Basics of Canadian Employment Contracts

By Rachel Ravary of McCarthy Tetrault and Brian P. Smeenk, formerly with McCarthy Tetrault So you’ve hired a new employee. Should you put it in writing? If so, what should it look like? What do you include? What is better left out? If you decide against an employment contract, what will the terms and conditions […]