Tag: Employment law

Unwritten rules cause uncertainty in sports and at work

Anyone who follows sports, even on a casual basis, has heard about “unwritten rules.” But the problem with unwritten rules is that sometimes they can be subject to different interpretations and standards. This is because, well, the obvious reason that they aren’t written down for everyone to see.  Take the baseball series this past weekend […]

Surprising pro-employer decisions on post-employment restrictive covenants

by Kyla Stott-Jess and Stefan Mirkovic Employers often place great faith in restrictive covenants to protect their assets when hiring key employees. In Canada however, noncompetition clauses have generally been very difficult to enforce outside of the context of a sale of business. Nonsolicitation clauses have also been carefully scrutinized by judges even though they […]

immigration

Immigration Week in Review: ‘Buy American, Hire American,’ I-9 Form Errors, and an H-1B’s Nest of News

April showers bring May flowers, tax returns, and … immigration enforcement policy? Apparently, it’s true—just as spring finally began springing throughout those colder parts of the country, immigration news also began popping up from the federal agencies like a less colorful bouquet of crocuses, daffodils, and tulips.

New methods + new thinking = new day for performance management

Nearly everyone has opinions—and complaints—about performance management. The annual performance review in which employee and supervisor fill out a form and sit down for a talk is rapidly going out of style. Although that system addresses an employee’s strengths and weaknesses and may even include a discussion of goals for the future, it’s increasingly seen […]

Pick me! Pick me! NFL draft lessons for HR

The NFL draft is fast approaching, and with it comes the multiple prognostications and mock drafts that try to divine which teams will try to link up with the which talent coming out of the college ranks. Each team will compile exhaustive profiles on which player prospects fit their urgent needs. Fans will hang on […]

To enforce or not to enforce ESA-only termination clauses: That is the question!

by Sophie Arseneault Employers celebrated the January 2017 decision of the Ontario Superior Court of Justice in Cook v. Hatch upholding a termination clause that did not speak to statutory severance pay or the requirement to maintain health benefits during the statutory notice period. A month later, employers were left scratching their heads once again […]

leadership

Gauging HR’s strategic role: Survey shows progress, but more can be done

That elusive “seat at the table” the human resources profession has been craving for years is now a reality in some circles but still a challenge in others, according to HR professionals responding to a recent survey. So what can HR do to make more progress as a strategic partner working side by side with […]

Coordinating FMLA with State and Federal Laws

In this article series, we’ll focus on the intersection of the Family and Medical Leave Act (FMLA) and how it affects many other laws, including the Americans with Disabilities Act (ADA), workers’ comp, and other state laws that apply to medical or disability leaves. Additionally, the FMLA may intersect with a variety of employer-provided leaves […]

Take steps to ensure smooth transitions when terminating employees

by Thomas J. Lloyd III One of the most difficult aspects of running a business can be managing the personnel, especially when it comes to terminating employees. Some people say that the three most important things in life are your health, your family, and your job. When the time comes for a business to take […]