Tag: Employment law

Ruling Helps Alberta Employers Defend Preemployment Testing Challenges

by Michael Ford McCarthy Tetrault A long-awaited ruling of the Alberta Court of Appeal clears up some questions related to preemployment drug and alcohol testing related to safety-sensitive positions. The case – Chiasson v. Kellogg Brown & Root issued December 28, 2007 – involved an admitted casual user of marijuana being terminated from his employment […]

When Employees Blow the Whistle

by Hillary J. Collyer Whistleblowing has become a hot topic. Just a few years ago, three prominent whistleblowers were named Time magazine’s “person of the year.” Whistleblowing occurs when an employee charges that some wrongdoing or illegal conduct occurred within the company. This article addresses employers’ responsibility to protect whistleblowers from retaliation. No statute spells […]

Awards Season

The Golden Globes were canceled, and it isn’t looking so good for the Oscars. So, in the spirit of the awards season, I have decided to give out a few awards of my own. And I’d like to invite all of you to be the Academy. My first category is “Best Plaintiff in an Employment-Based […]

Terminating for cause? How to limit your liability in Canada

By Karen Sargeant and Brian P. Smeenk You’ve likely been in this situation before: One of your employees has engaged in questionable conduct. You’re in the process of investigating and are considering whether you should terminate the employee for cause. How do you go about it under Canadian employment laws? Be careful Terminating an employee’s […]

3 Tough Disciplinary Issues: Drug and Alcohol Use, Insubordination, Workplace Searches

by Stuart R. Buttrick Although the types of misconduct that employees can engage in is unlimited, some disciplinary issues occur over and over again. Among the most common — and difficult — issues for employers to handle are drug and alcohol use, insubordination, and workplace searches of company or employee property. This article will offer […]

Employment Lawyer’s Thoughts on How Businesses Can Remain Union-Free: Part 2

by D. Michael Henthorne In this second part of a two-part series, I examine the unusual figurative relationship between union-free policy statements, the human nature of employees and employers, and a neglected utility closet. In the first article, I described a large utility closet located on the carport adjacent to my house. Once an ideal […]

Class-Action Lawsuits Filed Against KMPG, CIBC, Scotiabank

By Trevor Lawson and Donovan Plomp McCarthy Tetrault Although large employment-related class-action lawsuits have become commonplace in the United States, until recently they were virtually unknown in Canada. The relative peace enjoyed by Canadian employers on this front was shattered with a $651 million class-action lawsuit filed in June 2007 against the Canadian Imperial Bank […]

The Strike Drags On

Well, David Letterman reached an agreement with the writers, and they are coming back to work. For him. No such luck for those of us who are anxiously awaiting the return of our favorite show. Nevertheless, the labor dispute is continuing to teach us valuable lessons. Like why companies should avoid this mess in the […]

An Employment Lawyer’s Thoughts on How Businesses Can Remain Union-Free: Part 1

by D. Michael Henthorne I’ve been asked to address a group of nursing managers in one of South Carolina’s leading hospital systems on avoiding labor unions and recognizing union-organizing activities. Despite growing up the son of a Teamster (my father was a truck driver), for most of the last 29 years I have lived in […]

Flexible Workplace Programs Promote Work-Life Balance

“Work-life balance” is one of the most popular HR buzz phrases. Yet until a few years ago, work-life concerns were relatively unheard of. Nontraditional workplace and scheduling alternatives like working from home were considered a perk available to a fortunate few or as a temporary accommodation for a stressed-out employee. Employer programs like the flexible […]