Gowlings Employment & Labour Law Group and Grand River Personnel address key areas of interest for HR in 2015 including: The Good, The Bad & The Ugly (legal developments from 2014), AODA, investigations, disability, retirement, leadership/culture and employee engagement and more.
Kegler Brown's annual seminar on professional responsibility took place on October 16, 2015, at the Sheraton Columbus Hotel at Capitol Square. This well-regarded, half-day seminar focused on providing Ohio's lawyers and judges with timely information regarding ethics and professionalism.
The annual Managing Labor + Employee Relations Seminar took place on Tuesday, March 4, at 8:30 a.m. at the Fawcett Center and provided valuable information about best practices and the changing regulations that are important for employers to know.
The half-day seminar, designed for business owners and professionals in human resources and employment law, discussed the following topics: reasonable accommodation under the Americans with Disabilities Act; investigating employee claims; information on the Affordable Care Act and the options employers have; and tips on how retaliation claims can be handled and avoided.
This document summarizes recent developments in lawyer discipline and criminal conduct from 2014. It discusses several cases of lawyers who were disciplined or suspended for felony convictions related to offenses such as filing false tax returns, forgery, and theft. It also discusses cases of judges who received criminal convictions. The document outlines the process for interim suspension of lawyers and notes several lawyers who received interim suspension in 2014 for felonies. It identifies factors courts consider when determining sanctions and provides examples of sanctions imposed in 2014. Finally, it discusses some ethics issues that are particularly relevant to in-house counsel.
Kegler Brown and the Center for Operational Excellence at The Ohio State University presented "Legal Common Sense: Tips + Trends for the Professional Woman" on Thursday, January 16.
Attorneys Rasheeda Khan, Loriann Fuhrer, Vinita Bahri-Mehra and Stephanie Union discussed the following: employment and social media; doing business internationally; information on Ohio's OVI laws; and balancing work and personal life.
This document provides an overview of key labor and employment law issues and trends from 2014. It discusses both winners and losers from various legal developments. Labor unions and the EEOC faced setbacks, while employees gained protections regarding LGBT rights, working from home, and the use of medical marijuana and social media. Employers lost challenges to NLRB pro-union rulings and saw an expansion of joint employer liability. Strong documentation is emphasized as important to defend against discrimination and other employee claims.
How to deal with workplace bullying remains contentious. This speech by Josh Bornstein, examines the myths and misconceptions about workplace bullying.
Just Cause: Not Necessarily a Lost CauseRudner Law
The document summarizes a presentation on just cause for dismissal given at an HR conference. It discusses the types of dismissals, what constitutes just cause, contextual factors considered, off-duty conduct, performance issues, policy breaches, threats and violence. Examples of cases where dismissals were and were not found to be for just cause are provided. The importance of proper investigations and well-drafted employment agreements and termination clauses to avoid wrongful dismissal claims are emphasized.
Dr. William Allan Kritsonis
Personnel Issues
Public School Law Series
National Issues & Concerns - New Answers To Lingering Problems in Public School Law
Kegler Brown's annual seminar on professional responsibility took place on October 16, 2015, at the Sheraton Columbus Hotel at Capitol Square. This well-regarded, half-day seminar focused on providing Ohio's lawyers and judges with timely information regarding ethics and professionalism.
The annual Managing Labor + Employee Relations Seminar took place on Tuesday, March 4, at 8:30 a.m. at the Fawcett Center and provided valuable information about best practices and the changing regulations that are important for employers to know.
The half-day seminar, designed for business owners and professionals in human resources and employment law, discussed the following topics: reasonable accommodation under the Americans with Disabilities Act; investigating employee claims; information on the Affordable Care Act and the options employers have; and tips on how retaliation claims can be handled and avoided.
This document summarizes recent developments in lawyer discipline and criminal conduct from 2014. It discusses several cases of lawyers who were disciplined or suspended for felony convictions related to offenses such as filing false tax returns, forgery, and theft. It also discusses cases of judges who received criminal convictions. The document outlines the process for interim suspension of lawyers and notes several lawyers who received interim suspension in 2014 for felonies. It identifies factors courts consider when determining sanctions and provides examples of sanctions imposed in 2014. Finally, it discusses some ethics issues that are particularly relevant to in-house counsel.
Kegler Brown and the Center for Operational Excellence at The Ohio State University presented "Legal Common Sense: Tips + Trends for the Professional Woman" on Thursday, January 16.
Attorneys Rasheeda Khan, Loriann Fuhrer, Vinita Bahri-Mehra and Stephanie Union discussed the following: employment and social media; doing business internationally; information on Ohio's OVI laws; and balancing work and personal life.
This document provides an overview of key labor and employment law issues and trends from 2014. It discusses both winners and losers from various legal developments. Labor unions and the EEOC faced setbacks, while employees gained protections regarding LGBT rights, working from home, and the use of medical marijuana and social media. Employers lost challenges to NLRB pro-union rulings and saw an expansion of joint employer liability. Strong documentation is emphasized as important to defend against discrimination and other employee claims.
How to deal with workplace bullying remains contentious. This speech by Josh Bornstein, examines the myths and misconceptions about workplace bullying.
Just Cause: Not Necessarily a Lost CauseRudner Law
The document summarizes a presentation on just cause for dismissal given at an HR conference. It discusses the types of dismissals, what constitutes just cause, contextual factors considered, off-duty conduct, performance issues, policy breaches, threats and violence. Examples of cases where dismissals were and were not found to be for just cause are provided. The importance of proper investigations and well-drafted employment agreements and termination clauses to avoid wrongful dismissal claims are emphasized.
Dr. William Allan Kritsonis
Personnel Issues
Public School Law Series
National Issues & Concerns - New Answers To Lingering Problems in Public School Law
Dr. Brian Reid sued Google for age discrimination after being terminated at age 53. He alleged his supervisor and coworkers made ageist comments and he was replaced by younger employees. Google claimed he was terminated for not being a "cultural fit." A trial court dismissed the case but appeals courts found Reid presented evidence of discrimination. The key issues were whether ageist comments constituted evidence of discrimination or were "stray remarks," and whether voter-passed Proposition 64 restricting lawsuits applied retroactively. The case ultimately settled out of court.
“The Ghomeshi Scenario”: Responding to Allegations of HarassmentRudner Law
The document summarizes best practices for responding to and investigating allegations of harassment in the workplace. It discusses the importance of acting promptly, conducting thorough and unbiased investigations, allowing respondents to respond to allegations, maintaining confidentiality when possible, documenting the process, and taking appropriate action based on findings to avoid legal and reputational risks. Key steps include notifying respondents, considering interim measures, obtaining information from complainants and witnesses, preparing thorough reports with conclusions, and advising all parties of outcomes.
Intentional Tort By Dr. Tabrez Ahmad Associate Professor of Law KIIT Law Scho...guest8329fca8
The document discusses the nature and elements of intentional torts. It defines battery as intentionally causing an offensive touching of another. Assault is intentionally causing another to apprehend an imminent offensive touching. False imprisonment is intentionally confining someone without consent or reasonable means of escape. Several other intentional torts are also defined such as defamation, invasion of privacy, interference with property rights, and conversion. Examples are provided to illustrate different intentional torts.
Jason Beehler presented "Social Media Evidence" at the National Business Institute's "How to Get Your Social Media, Email and Text Evidence Admitted (and Keep Theirs Out)" seminar on October 29, 2015, in Worthington, Ohio.
The Workplace in the Social Media Age: Confronting the Challenges (and Opport...Rudner Law
The document discusses challenges and opportunities related to social media use in the workplace. It covers several topics: expectations of privacy for different generations; risks of using social media for recruitment and hiring; benefits and risks of BYOD policies and defining who can speak on behalf of a company; and considerations for discipline and termination related to social media use. The document provides examples of relevant case law and lessons for employers regarding developing appropriate policies and practices.
Slides from the October 22, 2011 Skills Course at Loyola University College of Law New Orleans, that discusses the ethical dilemmas of marketing online...and just being online. Delicious links and commentary available at: http://delicious.com/stacks/view/C9ACYi
The document provides tips and best practices for kitchen and bath companies to prevent litigation, including proper communication, avoiding shortcuts, thorough record keeping, complying with laws, and properly screening subcontractors. It also discusses common sources of liability such as misrepresentations, mistakes, lack of procedures, and failure to follow through. Examples of actual litigation issues involving kitchen companies are presented.
- An Immigration Judge (IJ) was proposed for a one-day suspension by the Assistant Chief Immigration Judge (ACIJ) for inappropriate conduct in the workplace on March 28, 2012. The IJ became angry about possible changes to the court schedule, slammed the door to the Court Administrator's office, and yelled for 15 minutes, disturbing staff.
- In response, the IJ accepted some responsibility but denied yelling. After reviewing a memo summarizing witness statements, the Deputy Chief Immigration Judge (DCIJ) found the IJ's statements lacked consistency and credibility compared to colleagues' accounts of temperamental behavior and upset. The DCIJ upheld the one-day suspension, finding preponderant evidence supported the charges.
The document discusses an agenda for a webinar about employment law that includes a quiz show, discussion of recent lawsuits and verdicts, and what's new in employment law enforcement. It notes the passage of the Lilly Ledbetter Fair Pay Restoration Act, which extends the statute of limitations for filing unfair pay claims.
As part of our 2020 LGBTQ SCOTUS Ruling webinar on July 7th, Brendan and Danielle hosted an in-depth discussion about the recent SCOTUS decision protecting the employment rights of LGBTQ employees under Title VII. The webinar primed employers for what we think will be coming, provided advice on the issues and questions to think about moving forward, and gave important employment considerations as we begin to receive guidance from the EEOC and federal courts.
1. The document discusses whistleblowing, which is when an employee discovers and reports corporate misconduct. There are two types: internal, where the employee reports to their supervisor, and external, where they report to law enforcement or the media.
2. For whistleblowing to be ethical, it must meet 5 conditions, including the misconduct seriously harming the public, exhausting internal reporting procedures, and having convincing evidence. Whistleblowing is unethical if motivated by financial gain or vendetta.
3. The document outlines laws protecting whistleblowers like the Whistleblower Protection Act of 1989 and mechanisms employers should have to handle whistleblower complaints. However, whistleblowing should be a last
The document discusses whistleblowing and provides guidance on when and how to blow the whistle. It defines whistleblowing as raising concerns about misconduct within an organization. There are different types of whistleblowing like internal (within the organization) or external (going public). Whistleblowers should have documented evidence and exhaust internal reporting procedures before going public. The document also discusses challenges whistleblowers may face like retaliation and the psychological toll it can take. Case studies of whistleblowers from NASA and India are provided to illustrate the risks and impacts of blowing the whistle.
The document provides guidance on confidentiality and when confidential information can be disclosed without patient consent under UK law and General Medical Council guidelines. It discusses the duty of confidentiality doctors have toward patient information, but notes there are exceptions where information can be disclosed to protect others from serious harm or death. Specific scenarios addressed include informing police if a sex offender does not intend to register their address as required, providing information for a case review investigating child abuse even if the family does not consent, and notifying licensing authorities if a patient's medical condition like a serious mental illness may impair their ability to drive. The document aims to help doctors balance patient confidentiality with protecting public safety.
Whistleblowing involves drawing public attention to wrongdoing in order to prevent harm. There are different types of whistleblowing, including internal (within an organization), personal (against an individual), and external (against an organization). Whistleblowers are rarely seen as heroes by coworkers due to doubts about their loyalty and perceptions that they have damaged the organization. For whistleblowing to be morally permissible, the organization's actions must pose serious harm, concerns must first be reported internally, and all internal procedures must be exhausted. For it to be obligatory, there must also be documented evidence and a reasonable chance that going public will create necessary changes. Physical harm poses a higher obligation than only financial harm.
On May 15, 2014, the Gowlings Employment and Labour Law Group discussed recent judicial and other legal developments which impact Ontario workplaces at the Grand Valley HRPA Annual General Meeting.
The document summarizes key topics from a seminar on current ADA developments including: whether various conditions constitute disabilities; whether employees are qualified and can perform essential job functions; the scope of reasonable accommodations; and employer obligations in providing accommodations. Specific cases are discussed that address issues such as extended leave, medical marijuana, job transfers, and an employer's discretion in choosing among accommodation options.
This document summarizes key topics from a 31st Annual Employment Law Seminar including: determining if a condition is a disability under the ADA; whether an individual is qualified for their position; requirements for reasonable accommodation; permissible medical exams and inquiries; potential for ADA hostile work environment claims; retaliation protections; and job applicant considerations. Case examples are provided for each topic outlining relevant court decisions and takeaways for employers.
T1, 2021 business law lecture week 6 - law of torts - negligence 2markmagner
The document discusses the legal concept of vicarious liability and negligent misstatements.
[1] Vicarious liability holds an employer liable for acts or omissions of their employees that were committed in the course of employment. There are two tests for determining an employer-employee relationship - the control test and integration test. Several cases are discussed that demonstrate when an employer will be held vicariously liable.
[2] Negligent misstatements occur when a party provides advice, information or an opinion to another party who reasonably relies on it, but the advice was given carelessly. The document outlines the tests for establishing a duty of care in cases of negligent misstatement and discusses several cases where parties were found liable for negligent
Pugh, Jones & Johnson, P.C. is a large, minority-owned law firm established in 1991 with offices in Chicago that provides legal services including commercial litigation, insurance coverage, compliance, and investigations to clients in industries such as insurance. The firm has over 20 years of experience representing insurance companies and other clients, and its lawyers have backgrounds from prestigious law firms and government agencies. Pugh, Jones & Johnson, P.C. offers complimentary CLE programs to clients and has experience handling a variety of insurance matters and litigation.
Dr. Brian Reid sued Google for age discrimination after being terminated at age 53. He alleged his supervisor and coworkers made ageist comments and he was replaced by younger employees. Google claimed he was terminated for not being a "cultural fit." A trial court dismissed the case but appeals courts found Reid presented evidence of discrimination. The key issues were whether ageist comments constituted evidence of discrimination or were "stray remarks," and whether voter-passed Proposition 64 restricting lawsuits applied retroactively. The case ultimately settled out of court.
“The Ghomeshi Scenario”: Responding to Allegations of HarassmentRudner Law
The document summarizes best practices for responding to and investigating allegations of harassment in the workplace. It discusses the importance of acting promptly, conducting thorough and unbiased investigations, allowing respondents to respond to allegations, maintaining confidentiality when possible, documenting the process, and taking appropriate action based on findings to avoid legal and reputational risks. Key steps include notifying respondents, considering interim measures, obtaining information from complainants and witnesses, preparing thorough reports with conclusions, and advising all parties of outcomes.
Intentional Tort By Dr. Tabrez Ahmad Associate Professor of Law KIIT Law Scho...guest8329fca8
The document discusses the nature and elements of intentional torts. It defines battery as intentionally causing an offensive touching of another. Assault is intentionally causing another to apprehend an imminent offensive touching. False imprisonment is intentionally confining someone without consent or reasonable means of escape. Several other intentional torts are also defined such as defamation, invasion of privacy, interference with property rights, and conversion. Examples are provided to illustrate different intentional torts.
Jason Beehler presented "Social Media Evidence" at the National Business Institute's "How to Get Your Social Media, Email and Text Evidence Admitted (and Keep Theirs Out)" seminar on October 29, 2015, in Worthington, Ohio.
The Workplace in the Social Media Age: Confronting the Challenges (and Opport...Rudner Law
The document discusses challenges and opportunities related to social media use in the workplace. It covers several topics: expectations of privacy for different generations; risks of using social media for recruitment and hiring; benefits and risks of BYOD policies and defining who can speak on behalf of a company; and considerations for discipline and termination related to social media use. The document provides examples of relevant case law and lessons for employers regarding developing appropriate policies and practices.
Slides from the October 22, 2011 Skills Course at Loyola University College of Law New Orleans, that discusses the ethical dilemmas of marketing online...and just being online. Delicious links and commentary available at: http://delicious.com/stacks/view/C9ACYi
The document provides tips and best practices for kitchen and bath companies to prevent litigation, including proper communication, avoiding shortcuts, thorough record keeping, complying with laws, and properly screening subcontractors. It also discusses common sources of liability such as misrepresentations, mistakes, lack of procedures, and failure to follow through. Examples of actual litigation issues involving kitchen companies are presented.
- An Immigration Judge (IJ) was proposed for a one-day suspension by the Assistant Chief Immigration Judge (ACIJ) for inappropriate conduct in the workplace on March 28, 2012. The IJ became angry about possible changes to the court schedule, slammed the door to the Court Administrator's office, and yelled for 15 minutes, disturbing staff.
- In response, the IJ accepted some responsibility but denied yelling. After reviewing a memo summarizing witness statements, the Deputy Chief Immigration Judge (DCIJ) found the IJ's statements lacked consistency and credibility compared to colleagues' accounts of temperamental behavior and upset. The DCIJ upheld the one-day suspension, finding preponderant evidence supported the charges.
The document discusses an agenda for a webinar about employment law that includes a quiz show, discussion of recent lawsuits and verdicts, and what's new in employment law enforcement. It notes the passage of the Lilly Ledbetter Fair Pay Restoration Act, which extends the statute of limitations for filing unfair pay claims.
As part of our 2020 LGBTQ SCOTUS Ruling webinar on July 7th, Brendan and Danielle hosted an in-depth discussion about the recent SCOTUS decision protecting the employment rights of LGBTQ employees under Title VII. The webinar primed employers for what we think will be coming, provided advice on the issues and questions to think about moving forward, and gave important employment considerations as we begin to receive guidance from the EEOC and federal courts.
1. The document discusses whistleblowing, which is when an employee discovers and reports corporate misconduct. There are two types: internal, where the employee reports to their supervisor, and external, where they report to law enforcement or the media.
2. For whistleblowing to be ethical, it must meet 5 conditions, including the misconduct seriously harming the public, exhausting internal reporting procedures, and having convincing evidence. Whistleblowing is unethical if motivated by financial gain or vendetta.
3. The document outlines laws protecting whistleblowers like the Whistleblower Protection Act of 1989 and mechanisms employers should have to handle whistleblower complaints. However, whistleblowing should be a last
The document discusses whistleblowing and provides guidance on when and how to blow the whistle. It defines whistleblowing as raising concerns about misconduct within an organization. There are different types of whistleblowing like internal (within the organization) or external (going public). Whistleblowers should have documented evidence and exhaust internal reporting procedures before going public. The document also discusses challenges whistleblowers may face like retaliation and the psychological toll it can take. Case studies of whistleblowers from NASA and India are provided to illustrate the risks and impacts of blowing the whistle.
The document provides guidance on confidentiality and when confidential information can be disclosed without patient consent under UK law and General Medical Council guidelines. It discusses the duty of confidentiality doctors have toward patient information, but notes there are exceptions where information can be disclosed to protect others from serious harm or death. Specific scenarios addressed include informing police if a sex offender does not intend to register their address as required, providing information for a case review investigating child abuse even if the family does not consent, and notifying licensing authorities if a patient's medical condition like a serious mental illness may impair their ability to drive. The document aims to help doctors balance patient confidentiality with protecting public safety.
Whistleblowing involves drawing public attention to wrongdoing in order to prevent harm. There are different types of whistleblowing, including internal (within an organization), personal (against an individual), and external (against an organization). Whistleblowers are rarely seen as heroes by coworkers due to doubts about their loyalty and perceptions that they have damaged the organization. For whistleblowing to be morally permissible, the organization's actions must pose serious harm, concerns must first be reported internally, and all internal procedures must be exhausted. For it to be obligatory, there must also be documented evidence and a reasonable chance that going public will create necessary changes. Physical harm poses a higher obligation than only financial harm.
On May 15, 2014, the Gowlings Employment and Labour Law Group discussed recent judicial and other legal developments which impact Ontario workplaces at the Grand Valley HRPA Annual General Meeting.
The document summarizes key topics from a seminar on current ADA developments including: whether various conditions constitute disabilities; whether employees are qualified and can perform essential job functions; the scope of reasonable accommodations; and employer obligations in providing accommodations. Specific cases are discussed that address issues such as extended leave, medical marijuana, job transfers, and an employer's discretion in choosing among accommodation options.
This document summarizes key topics from a 31st Annual Employment Law Seminar including: determining if a condition is a disability under the ADA; whether an individual is qualified for their position; requirements for reasonable accommodation; permissible medical exams and inquiries; potential for ADA hostile work environment claims; retaliation protections; and job applicant considerations. Case examples are provided for each topic outlining relevant court decisions and takeaways for employers.
T1, 2021 business law lecture week 6 - law of torts - negligence 2markmagner
The document discusses the legal concept of vicarious liability and negligent misstatements.
[1] Vicarious liability holds an employer liable for acts or omissions of their employees that were committed in the course of employment. There are two tests for determining an employer-employee relationship - the control test and integration test. Several cases are discussed that demonstrate when an employer will be held vicariously liable.
[2] Negligent misstatements occur when a party provides advice, information or an opinion to another party who reasonably relies on it, but the advice was given carelessly. The document outlines the tests for establishing a duty of care in cases of negligent misstatement and discusses several cases where parties were found liable for negligent
Pugh, Jones & Johnson, P.C. is a large, minority-owned law firm established in 1991 with offices in Chicago that provides legal services including commercial litigation, insurance coverage, compliance, and investigations to clients in industries such as insurance. The firm has over 20 years of experience representing insurance companies and other clients, and its lawyers have backgrounds from prestigious law firms and government agencies. Pugh, Jones & Johnson, P.C. offers complimentary CLE programs to clients and has experience handling a variety of insurance matters and litigation.
This presentation deals with important HR issues including employee harassment issues, absenteeism and the duty to accomodoate, obligations of departing employee and the Canada Labour Code.
T1, 2021 business law lecture week 10 - anti-discrimination law pptmarkmagner
This document provides an overview of anti-discrimination law, including definitions, types of discrimination, areas covered, exemptions, and case examples.
It defines unlawful discrimination as less favorable treatment based on a protected attribute. Direct discrimination occurs when someone is treated less favorably because of an attribute. Indirect discrimination involves imposing a requirement that disadvantages people with an attribute.
Areas covered include employment, education, goods and services. Exemptions include genuine occupational requirements. Employers can be vicariously liable for discrimination by employees. Case examples illustrate claims of direct and indirect discrimination in areas like work, based on attributes such as age, sex, and disability. Sexual harassment is also prohibited.
The document discusses issues that can arise when conducting background checks on candidates and employees. It covers checking criminal records, credit histories, verifying resumes and references. It also discusses managing employee conduct on social media and the potential immigration implications of hiring foreign nationals with criminal convictions. Employers are advised to obtain proper consent, have policies addressing dishonesty or misrepresentation, and consider relevance when taking action related to off-duty conduct or background check findings.
This document discusses exceptions to the employment at-will rule, including statutory and judge-made exceptions. It focuses on the public policy exception, where termination violates a clear public policy. Forty-three states recognize this exception. The document examines the "whistleblower" scenario using the Geary v. U.S. Steel Corp. case, where the employee was fired for reporting unsafe products. The court found no violation because he did not follow the proper reporting procedures within the company. The document outlines when a discharge may violate public policy.
HR Webinar: 2021 Compliance & Employment Law UpdateAscentis
2020 was nuts with employment laws changing rapidly so quickly to handle the COVID-19 pandemic. 2021 has no plans to slow down with new laws out of Congress and state legislatures contemplating higher minimum wages, paid leaves, additional protections against discrimination and harassment, and shifting priorities at federal agencies. With hopes of coming out of the pandemic by year’s end, HR professionals in all industries are preparing for the next wave of regulations affecting every industry.
This document provides an overview and summary of New York law regarding bad faith claims against insurance companies. It discusses what constitutes a prima facie case of bad faith refusal to settle, including establishing gross disregard of the insured's interests and loss of an actual settlement opportunity. Factors courts consider in determining bad faith are outlined. The document also reviews key cases like Pavia v State Farm that changed the bad faith litigation landscape in New York.
The document discusses disability equal employment opportunity laws in the United States, including the Americans with Disabilities Act and amendments. It provides definitions of disability, accommodation, and other key terms. It also summarizes several important court cases related to disability discrimination in employment. Overall, the document outlines the legal framework and history around disability rights in the workplace in the US.
He Said, She Said, They Said #MeToo: Best Practices for Managing Workplace Se...Quarles & Brady
As the #metoo and #timesup movements continue to increase awareness surrounding workplace sexual harassment, now is the time for human resources professionals and supervisors to evaluate their policies, procedures, and training protocols for managing risks related to sex discrimination. We will discuss the effects of these viral social media movements and provide practical tips for employers who may now face a growing number of internal and external harassment claims.
This document discusses organizational ethics and law. It covers corporate structure, codes of ethics, misconduct, negligence, duties and responsibilities. Organizations have express, implied and ultra vires authority defined by law. Codes of ethics provide guidelines to build trust and guide decisions. Corporate negligence and respondeat superior can result in organizational liability. Duties include staff competency, resources, and patient safety. Effective communication is key to building trust within an organization.
1. Ann Jones, a pilot, believes she is being discriminated against in job assignments due to her sex and files a lawsuit.
2. The airline uses a website for employees to check assignments and participate in a message board for a small fee.
3. On the message board, Jones' coworkers begin posting harassing comments about her suit and sex. This could implicate anti-discrimination laws if the harassment is severe or pervasive enough to create a hostile work environment.
Developing a Comprehensive Workplace Violence Prevention ProgramRnelson881_2
This is a copy of a presentation that I gave to the DuPage (IL) Society of Human Resources Managers (DSHRM) in November, 2010 discussing the need for and steps to implement a comprehensive workplace violence prevention program within your organization.
Legal Aspects of Avoiding and Defending Negligent Hiring- Richard GarrityRichard Garrity
This presentation discusses legal aspects of negligent hiring and retention. It defines key legal terms like negligence, negligent hiring, vicarious liability, and at-will employment. It explains that employers have a duty to use reasonable care in the hiring process to avoid hiring individuals who could harm others. The presentation provides tips for proper documentation of reference checks, background checks, and other screening processes to prevent liability in negligent hiring lawsuits. It summarizes two example negligent hiring lawsuits, one involving a security guard who set a fire and another where a guard allowed theft to occur. Both examples highlight how lack of documentation and screening led to employer liability.
This document discusses brands, trademarks, and advertising. It begins by defining what a brand is, noting that a brand comprises a product or service, packaging, name/logo, promotion, and appeals to customers physically, aesthetically, rationally, and emotionally. It then defines what a trademark is, explaining that it distinguishes one company's goods/services from another's. The document recommends conducting trademark searches to identify potential issues and minimize risks. It also explains why trademarks should be registered, providing exclusive rights and prima facie evidence of ownership. The document concludes by discussing proper trademark use and marking.
Le gestion de crise : considérations juridiques et pratiques pour traverser l...This account is closed
Au cours de ce programme de formation préparé spécifiquement pour les conseillers juridiques en entreprise, nous vous présenterons une série d’outils visant à vous équiper pour affronter la tempête, peu importe quand et comment elle se présente.
This presentation includes information about legal project management fundamentals, creating a framework for legal project management (define, plan, monitor and manage, review and improve), ethics and the law, conflicts from outside counsel and the general counsel.
This document discusses financing models for nuclear power projects and the risks involved. It describes three models for government engagement: complete engagement where governments own projects and absorb risks; complete disengagement where private actors must take on risks; and a middle road where governments hedge some risks. Two US projects using the middle road of rate increases are proceeding, while others failed. The UK uses contracts that hedge electricity prices but not completion risks, requiring massive contingent equity funds. For new projects, sponsors may need to pass completion risks down the supply chain.
Canadian Procurement/Construction Delivery Methods
Various procurement/construction delivery methods exist to provide alternatives as to how risks and responsibilities are allocated for a project and how key factors such as time and price are addressed.
Traditional Delivery Method:
Design-Bid-Build
- Stipulated Price
- Cost Plus
- Unit Price
Contemporary Delivery Methods:
- Construction Management (not-at-risk / at-risk)
- Design-Build
- P3’s
This document summarizes the key intellectual property rights affected by the Trans-Pacific Partnership (TPP) agreement, including patents, trademarks, copyright, industrial designs, and geographical indications. It outlines the TPP provisions relating to patentable subject matter, patent term extensions, data protection, biologics, trademark registration requirements, well-known marks, copyright duration, and industrial design harmonization. The TPP signatories recognize different approaches to geographical indication protection and enforcement measures include criminal sanctions for IP infringement and border measures.
In this presentation, Gowlings partner Parul Armitage will look at current trends in life sciences licensing and collaborations.
Topics to be explored include:
Financial terms
Valuations
The continuing saga of the patent cliff
“More payer pressure, more commercialization risk”
Licensing as a commercialization strategy
Academic to industry licensing
The Cloud Computing Contract Playbook - Contracting for Cloud Services, Sept. 30This account is closed
The document discusses key considerations for contracting cloud services. It notes that cloud contracts replace on-premises infrastructure agreements and outlines important clauses like data security, service level agreements, auditing rights, and ensuring access to data if the provider exits. The document also recommends due diligence on provider security practices and insurance to cover risks from outages or breaches at third-party providers. Overall it provides guidance on structuring contracts to maintain control over data and set clear performance standards when transitioning IT services to cloud models.
It’s widely known that foreign companies looking to acquire strong targets are drawn to Canada’s vast resource sector. But there’s also plenty of M&A activity — and opportunity — across many other Canadian industries, such as technology, life sciences, media and communications, manufacturing and retail.
In this one-hour webinar, experts from Gowlings will share their insights on the Canadian M&A legal regime, and offer tips on how to navigate the complexities of the market and successfully acquire a Canadian company. Topics include:
- Building your acquisition model and determining the most appropriate structure for a Canadian company acquisition
- Determining the applicable tax rules and assessing the potential tax advantages
- An overview of competition law and the Investment Canada Act — due diligence, thresholds and the review process
PLSAs, SEPs and PAEs: The Antitrust/IP Acronyms You Should Know and UnderstandThis account is closed
In this presentation from June 2015, Davit Akman and a panel of other antitrust experts provide an overview of recent regulatory and jurisprudential developments in the U.S., Europe and Canada, and their impact on antitrust counselling and risk assessment.
Key topics discussed include:
• Patent litigation settlement agreements (PLSAs)
• Standard setting and conduct involving standard essential patents (SEPs)
• Conduct involving patent assertion entities (PAEs)
Your company’s people, products, profits and politics have a direct impact on its bottom line.
In this seminar presentation aimed at in-house counsel, HR and other business leaders, you’ll learn from legal and industry insiders on how to master these four key pillars ― and succeed in today’s competitive manufacturing market.
This document summarizes a presentation on navigating social media in the workplace. It discusses how social media has become integrated into daily life and work. While it provides opportunities as a business tool, it also poses risks if not properly managed, such as lost productivity, privacy issues, and legal liabilities. The presentation provides guidance for developing social media policies and educating employees on appropriate social media use and their obligations regarding loyalty, confidentiality and off-duty conduct. It also reviews case law establishing that employers can discipline employees for inappropriate social media use that damages the employer or violates policies.
This document summarizes five key employment law cases from 2015:
1. McConaghie v. Systemgroup Consulting Inc. found an employer discriminated against a female employee by holding a "Men's Day" event that excluded her. The employer was ordered to pay damages.
2. Wilson v. Atomic Energy established that without cause dismissals under the Canada Labour Code are not automatically unjust, allowing some flexibility for employers.
3. Thompson v. Cardel Homes was found to be a constructive dismissal when the employer asked an employee not to return to work before the end of their fixed term contract.
4. Paquette v. Quadraspec Inc. determined that termination pay must include
John, an employee of Talk2Me Inc., began experiencing migraines in 2014 that caused frequent absences and reduced productivity. After various attempts to accommodate John through modified duties and arrangements, it was discovered that John had a brain tumor requiring surgery and lengthy rehabilitation. John was provided disability benefits but was eventually told he may no longer qualify. Talk2Me must now determine how to reasonably accommodate John upon his return to work or termination of benefits, considering its legal obligations and undue hardship factors.
This document discusses enforceable termination provisions in employment agreements. It emphasizes that termination language must comply with employment standards legislation and outlines key cases that highlight the importance of carefully drafting provisions. Specifically, provisions must refer to benefits during notice periods and not potentially provide less than legally required compensation. Overall, the document recommends using employment agreements with saving clauses and reviewing them regularly to balance protecting business interests with employees' legal rights.
Synopsis On Annual General Meeting/Extra Ordinary General Meeting With Ordinary And Special Businesses And Ordinary And Special Resolutions with Companies (Postal Ballot) Regulations, 2018
Defending Weapons Offence Charges: Role of Mississauga Criminal Defence LawyersHarpreetSaini48
Discover how Mississauga criminal defence lawyers defend clients facing weapon offence charges with expert legal guidance and courtroom representation.
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The Work Permit for Self-Employed Persons in Italy
Hot HR Topics for 2015
1. The Good, The Bad and the Ugly
U t iUncertain
Top Legal Developments – 2014-2015
P.A. Neena Gupta
Robert Salisbury and Katia DiabRobert Salisbury and Katia Diab
1
3. Privacy: McIntosh v. Legal Aid Ontario
• Employee of LAO Reddick accessed McIntosh’s• Employee of LAO, Reddick, accessed McIntosh s
personal information, contained in LAO file.
• Reddick threatened to disseminate the information.
• McIntosh initiated an action against LAO and Reddick
personally, alleging violation of privacy rights.
• Reddick did not defend the action.
3
4. Privacy: McIntosh v. Legal Aid Ontario
• Jones v. Tsige, 2012: Intrusion upon seclusiong , p
• One who intentionally intrudes, physically or
otherwise, upon the seclusion of another or his
i t ff i i bj t t li bilit tprivate affairs or concerns, is subject to liability to
the other for invasion of his privacy, if the invasion
would be highly offensive to a reasonable person.
• Reddick had improperly accessed the plaintiff’s
private information and provided it to her ex-boyfriend.
• IS THIS A GOOD CASE FOR EMPLOYERS?
4
5. Privacy: McIntosh v. Legal Aid Ontario
Employers have a duty to protect theEmployers have a duty to protect the
confidential information belonging to
customers. This duty is one that needs to
be clearly and explicitly communicated to
employees. Employers need to train (and
d t t i i ) b t fid ti litupdate training) about confidentiality.
5
6. Social Media: United Steelworkers of America,
Local 9548 v. Tenaris Algoma Tubes Inc.g
6
7. Social Media: United Steelworkers of America,
Local 9548 v. Tenaris Algoma Tubes Inc.g
• Male grievor went on Facebook and complainedg p
about female co-worker - suggested “violent and
humiliating sex” act.
X l d b t th ti d b t• X learned about the posting and became very upset.
• Posts not “private”.
• Tenaris had a standard workplace violence human• Tenaris had a standard workplace violence, human
rights and harassment policy and also part of
Collective Agreement.
7
8. Social Media: United Steelworkers of America,
Local 9548 v. Tenaris Algona Tubes Inc.g
• Company fired worker; worker grieves.p y ; g
• Held: Grievance denied. Grievor’s conduct
constituted physical and sexual threats, contrary to
Bill 168 th C ’ d f d t d thBill 168, the Company’s code of conduct and the
Company’s Workplace Harassment Policy.
Reinstatement would be contrary to the goals
established by such policies.
IS THIS A GOOD CASE FOR EMPLOYERS?• IS THIS A GOOD CASE FOR EMPLOYERS?
8
9. Social Media: United Steelworkers of America,
Local 9548 v. Tenaris Algona Tubes Inc.g
“ …progressive discipline is not appropriate in…progressive discipline is not appropriate in
every case. Some offences are so serious that
they warrant discharge. An employee does not
il t f l h tnecessarily get one free sexual harassment
before he loses his job.”
Laura Trachuk – Sole Arbitrator
9
11. William Osler Health System and ONA and Dr. G
• The grievor, a nurse, claims she was sexuallyg , , y
harassed by Dr. G.
• Hospital agrees and strips Dr. G of his privileges, so
th t h t ti f th k lthat he cannot practice from the workplace.
• Dr. G applies to the hospital to have his privileges
restored.restored.
• Hospital argues that the arbitrator does not have
jurisdiction to determine Dr. G’s privileges at the
h it lhospital.
11
12. William Osler Health System and ONA and Dr. G
• Arbitrator concludes that the question is not toq
determine Dr. G’s medical privileges, but to determine
how close (and under what conditions) Dr. G should
work in relation to the grievor given his prior conductwork in relation to the grievor, given his prior conduct
and all other relevant information, including efforts he
has made to remedy his prior misconduct.
• Arbitrator treats matter as a health and safety issue.
IS THIS A GOOD CASE FOR EMPLOYERS?• IS THIS A GOOD CASE FOR EMPLOYERS?
12
14. Confidentiality: Jan Wong v. The Globe and Mail Inc.
• Jan Wong is an award-winning author who hadJan Wong is an award winning author who had
previously worked with The Globe and Mail.
• In her 2012 autobiography, Wong indicated that she
ff d f d i d th t i 2008 hsuffered from depression and that in 2008, her
previous employer “caved” and paid her “a big pile of
money to go away.”y g y
• Her settlement agreement required confidentiality.
• Was that a breach?
14
15. Confidentiality: Jan Wong v. The Globe and Mail Inc.
• The Globe and Mail sued for every cent paid to her.y p
• Labour arbitrator ruled that Wong had to pay The
Globe and Mail everything back!
• The decision was very carefully drafted to avoid
mentioning how much money involved.
• IS THIS A GOOD CASE FOR EMPLOYERS?
15
16. Confidentiality: Jan Wong v. The Globe and Mail Inc.
Regardless of jurisdiction -- courts andRegardless of jurisdiction courts and
tribunals recognize that without giving
confidentiality clauses some teeth --
nobody would ever settle for fear of
creating a precedent.
16
18. Termination: Kimball v. Windsor Raceway Inc.
• Plaintiff, Kimball expressed his intention to retire after, p
his 65th birthday.
• Kimball did not retire.
• Shortly after Kimball was placed on an indefinite layoff
and provided with certain entitlements under the ESA
• At that time Kimball was a long service employee• At that time, Kimball was a long service employee.
• Kimball brought a claim for wrongful dismissal
claiming 24 months notice.
18
19. Termination: Kimball v. Windsor Raceway Inc.
Held:
• Kimball is entitled to receive statutory severance pay.
• If the dismissed employee has no intention to look for
work, but has instead decided to retire, the very
purpose for which reasonable notice is required to be
given is absent. That is a factor that may well begiven is absent. That is a factor that may well be
relevant in assessing what constitutes reasonable
notice in this case.
• IS THIS A GOOD CASE FOR EMPLOYERS?
19
20. Termination: Kimball v. Windsor Raceway Inc.
• Employees’ future intentions factor into aEmployees future intentions factor into a
determination respecting reasonable notice
entitlements.
• Ask all employees about their careerp y
intentions/plans, not just the older worker.
20
22. Mental Stress: Decision No. 2157/09
• Worker diagnosed with an adjustment disorder due tog j
mistreatment by co-worker.
• Worker’s claim for benefits was denied by the WSIB.
• Worker’s disorder as a result of mistreatment did not
constitute a “traumatic and unexpected event” as
required by subsections 13(4) and (5) of the WSIA.required by subsections 13(4) and (5) of the WSIA.
• Worker challenged these subsections as being
unconstitutional.
22
23. Mental Stress: Decision No. 2157/09
Held:
• Restrictions on mental stress were unconstitutional.
• Worker entitled to benefits.
• IS THIS A GOOD CASE FOR EMPLOYERS?
23
24. Mental Stress: Decision No. 2157/09
Employees may now be eligible for WSIBEmployees may now be eligible for WSIB
benefits for the effects of harassment in
the workplace.p
If the WSIB covers general harassment andIf the WSIB covers general harassment and
mental distress, employee cannot sue for
those types of damages in court.
24
26. Severance: Paquette v. Quadraspec
• Following termination of his employment, Paquetteg p y , q
sought the court’s declaration that he was entitled to
severance pay pursuant to the ESA if Quadraspec’s
global payroll exceeded $2 5 millionglobal payroll exceeded $2.5 million.
• Held: A company’s global payroll is to be considered
when determining entitlements to severance pay
pursuant to the ESA.
IS THIS A GOOD CASE FOR EMPLOYERS?• IS THIS A GOOD CASE FOR EMPLOYERS?
26
29. Investigations: B.C. Ferry Services Inc. v. B.C. Ferry and Marine
Worker’s Union
• The Queen of the North sank - Employer investigatedQ p y g
the accident.
• The Grievors refused to answer any questions about
h t h d h d i di t l b f th id twhat had happened immediately before the accident
unless the information would be kept confidential.
• The Grievors were suspended without pay for theirThe Grievors were suspended without pay for their
refusal to cooperate in the investigation.
• Union argues that a grievor's silence, standing alone,
i t j t d bl f di i liis not a just and reasonable cause for discipline.
29
30. Investigations: B.C. Ferry Services Inc. v. B.C. Ferry and Marine
Worker’s Union
• Employer had “legitimate public purpose" in learningp y g p p p g
what had occurred.
• At arbitration, and on the review of that award, it was
f d th t BC F i ’ d t t k f ll di lfound that BC Ferries’ duty to make full disclosure
outweighed the employees’ right to remain silent.
• IS THIS A GOOD CASE FOR EMPLOYERS?
30
32. Investigations
THE BASIC PRINCIPLE:
The duty to investigate is a “means” by which the
employer ensures that it is achieving the Code-
mandated “ends” of operating in a discrimination-
free environment and providing its employeesfree environment and providing its employees
with a safe work environment.
Laskowska v. Marineland of Canada Inc., 2005
HRTO 30
32
33. Investigations: Scaduto v. Insurance Search Bureau
• Mr. Scaduto’s employment with ISB was terminatedp y
for poor performance.
• At the termination meeting, Mr. Scaduto alleged, for
th fi t ti th t h b li d h b ithe first time, that he believed he was being
scrutinized unfairly because he was gay.
• ISB did not investigate Mr. Scaduto’s allegations asISB did not investigate Mr. Scaduto s allegations as
his employment had already been terminated.
33
34. Investigations: Scaduto v. Insurance Search Bureau
• Held: Mr. Scaduto was not discriminated against andg
there was no duty to investigate the allegations raised
at the time of termination:
Th i t ti f th C d i l• There is no contravention of the Code simply
because there was a failure to investigate a
complaint of discrimination where there is no
finding of discrimination.
IS THIS A GOOD CASE FOR EMPLOYERS?• IS THIS A GOOD CASE FOR EMPLOYERS?
34
35. Investigations: legislative requirement, OHSA
• Obligations: preparation and implementation ofg p p p
workplace policies re violence and harassment.
• Workplace violence program must include procedures
ffor:
• controlling risks, summoning immediate assistance
when workplace violence occurs or is likely towhen workplace violence occurs or is likely to
occur, reporting and investigating incidents or
complaints of workplace violence.
35
36. Disability: Galuego v. Spectrum Health Care
• Applicant , a PSW, refused to attend an in officepp , ,
meeting to discuss work related problems with
supervisor.
S i f d t l hi th h d l f• Supervisor refused to place him on the schedule for
appointments until he did so.
• Doctor’s note indicated he had “mental stress.”Doctor s note indicated he had mental stress.
• Applicant alleged he was constructively dismissed
and brought a complaint re discrimination and
i lreprisal.
36
37. Disability: Galuego v. Spectrum Health Care
• Regarding the Applicant’s claims of mental stress, theg g pp ,
Tribunal stated:
Suffering from stress can turn into, or be
l t d t t l di bilit b t it i trelated to, a mental disability, but it is not a
disability in and of itself.
• IS THIS A GOOD CASE FOR EMPLOYERS?
37
38. Employment Standards Act changes – Not good!
Old New (January 1 2015)Old
$10,000 cap on ESA cases.
New (January 1, 2015)
No cap on ESA cases.
6 or 12 month limitation period.
Temporary help agencies liable
f l i
24 month limitation period.
Temporary help and employer
for wage claims.
Minimum wage hikes had to be
ifi ll l t d ( d
Temporary help and employer
client jointly liable for wage
claims.
specifically regulated (and
therefore subject to more
scrutiny).
Minimum wage automatically
linked to CPI.
38
39. Thank You
P A N G t R b t S li b K ti Di bP.A. Neena Gupta Robert Salisbury Katia Diab
519-575-7501 519-575-7520 519-575-7534
neena.gupta@gowlings.com robert.salisbury@gowlings.com katia.diab@gowlings.com
Follo Us on T itterFollow Us on Twitter:
@GowlingsHR@ g
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