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.
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.
The document summarizes key issues in current employment law, including social media, overtime for smartphone use, working from home, managing older employees, and sick/disabled employees. It discusses emerging trends in social media and employment liability risks. It addresses when smartphone use constitutes overtime work and considerations for employees working from home. It also outlines challenges of an aging workforce and strategies for performance managing and accommodating older employees. Finally, it discusses managing employee performance and disability, including when they are related and unrelated.
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.
Rollits Social Media Misconduct Employment SeminarPat Coyle
This document discusses social media misconduct and related data protection issues in the workplace. It provides background on social media usage and outlines two main types of social media misconduct: inappropriate behavior exposed through social media and derogatory comments posted on social media. It examines legal issues related to misconduct, discrimination, and vicarious liability for social media posts. Case law principles for determining misconduct are discussed, including factors like seriousness of conduct, disclosure of confidential information, and damage to employer reputation. The importance of having a clear social media policy is emphasized. Data protection implications of monitoring employees' social media are also summarized.
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.
The document provides an overview of background reference checks and discusses various types including criminal records checks, credit checks, reference checks, driver's record checks, and social media checks. It outlines the process and best practices for properly conducting each type of check in accordance with relevant privacy and human rights legislation to avoid potential liability. Key recommendations include obtaining proper consent, only collecting necessary information, keeping information confidential, and being careful not to rely on protected characteristics.
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.
The document summarizes key issues in current employment law, including social media, overtime for smartphone use, working from home, managing older employees, and sick/disabled employees. It discusses emerging trends in social media and employment liability risks. It addresses when smartphone use constitutes overtime work and considerations for employees working from home. It also outlines challenges of an aging workforce and strategies for performance managing and accommodating older employees. Finally, it discusses managing employee performance and disability, including when they are related and unrelated.
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.
Rollits Social Media Misconduct Employment SeminarPat Coyle
This document discusses social media misconduct and related data protection issues in the workplace. It provides background on social media usage and outlines two main types of social media misconduct: inappropriate behavior exposed through social media and derogatory comments posted on social media. It examines legal issues related to misconduct, discrimination, and vicarious liability for social media posts. Case law principles for determining misconduct are discussed, including factors like seriousness of conduct, disclosure of confidential information, and damage to employer reputation. The importance of having a clear social media policy is emphasized. Data protection implications of monitoring employees' social media are also summarized.
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.
The document provides an overview of background reference checks and discusses various types including criminal records checks, credit checks, reference checks, driver's record checks, and social media checks. It outlines the process and best practices for properly conducting each type of check in accordance with relevant privacy and human rights legislation to avoid potential liability. Key recommendations include obtaining proper consent, only collecting necessary information, keeping information confidential, and being careful not to rely on protected characteristics.
This document is the January/February 2015 issue of Design Engineering, a magazine about engineering topics. The summary contains:
- The issue includes articles on Autodesk's CAD in the cloud applications, a study on underemployment of engineering degree holders in Canada, and a Toronto-made smart bicycle.
- It also features columns on topics like the industrial internet of things, safety in hazardous work environments, Canada's engineering underemployment crisis, the importance of co-op programs, and an engineering salary guide for major Canadian cities.
- The issue contains additional sections on CAD software news, a manufacturing case study, new industrial products, and a profile of a Canadian innovator developing smart bicycle technology
The document is an issue of Design Engineering magazine from January/February 2013. It includes articles on various topics in engineering design and manufacturing in Canada, such as Autodesk's new cloud-based CAD software Fusion 360, CFD analysis helping improve cycling helmet design, and a report outlining recommendations to support growth in Canada's aerospace sector. It also contains advertisements, including from Festo and Omega Engineering, and sections with industry news briefs.
This document provides step-by-step instructions for building an ASN (Advanced Shipping Notice) in EDI Desktop. It describes opening the EDI Desktop icon, clicking on the ASN functions and summary, and using the ASN wizard to select account information like retailer, buying code, ship to location, and POs. It then explains how to enter shipment details, select the pack type as carton or pallet, and pack items into cartons using options like single item or partial packing. It concludes by discussing how to generate and print labels once the packing is complete.
BioTalent Canada Alternative Careers for Immigrantsbiotalentcanada
Rob Henderson, President of BioTalent Canada, was asked to speak about Alternative Careers at the Association of Canadian Community Colleges' (ACCC) Canadian Immigration Integration Project (CIIP) Partner Workshop in Ottawa on Feb. 12-13, 2013.
EDI Desktop is a Pic & Pac environment designed to allow a user to satisfy all North American retail EDI requirements. EDI Desktop was developed for a small business audience who were facd with having to respond to retail EDI requirements, which included the 810, 850, 860, 865, 875, 880, 882, and detail and non-detail 856 transactions. EDI Desktop also handles an outbound 940 to a 3PL and an inbound 945 from the 3PL. The Inbound 945 can be used to build an ASN.
The document provides an overview of Electrotherm (India) Ltd, an Indian engineering company that manufactures induction melting equipment and other capital goods for metallurgical industries. It discusses the company's history, expansion into new business divisions like steel manufacturing and electric vehicles, achievements, and strategies for growth. The electric vehicle division, Yobykes, aims to become a leader in the Indian electric two-wheeler market with over 25% market share and sales of 0.25 million vehicles by 2014-15 through new product development, nationwide distribution networks, and brand building.
This document summarizes the results of a two-year subset analysis of a global post-market registry called ENGAGE that evaluated clinical outcomes for the Endurant stent graft. The analysis showed compelling clinical performance of the Endurant stent graft in short aortic neck lengths between 10mm-15mm that were comparable to outcomes in standard neck lengths of 15mm or more. Over 1200 real-world patients were included in the registry with long-term follow-up planned out to 5 years, making it one of the largest, most comprehensive registries of its kind. The Endurant stent graft features an M-shaped proximal stent designed to seal effectively across a range of anatomies.
The Bernard Group is a full-service visual merchandising company with over 300,000 square feet of manufacturing space for print, plastics fabrication, prototyping, and fulfillment. They specialize in retail environments and have worked with prestigious brands like Kate Spade, Tommy Hilfiger, American Girl, Loft, Mac Cosmetics, Best Buy, Adidas, Champs, Michael Kors, and American Standard. Their capabilities include design, engineering, printing, fabrication, project management, and logistics.
When Should You Retain a Forensic Accountant?Jeff Moore
This document discusses when to retain a forensic accountant. It provides definitions of forensic accounting and describes the skills and traits of forensic accountants, including technical accounting knowledge, auditing skills, and expertise in areas like fraud investigation. It outlines example tasks forensic accountants perform, who typically hires them, the stages of an engagement, and example case assignments. The presentation concludes with a Q&A section.
Este documento analiza la posición de la Unión Europea en el conflicto del Sáhara Occidental. Señala que aunque la UE se presenta como defensora de los derechos humanos y la democracia, en este caso sus intereses económicos y políticos priman sobre estos principios. Ignora los derechos del pueblo saharaui a su autodeterminación y soberanía sobre sus recursos naturales. A pesar de las críticas del Parlamento Europeo, la Comisión y el Consejo no han aplicado medidas efectivas, como suspender el
Xylem is a global solutions provider for commercial building services projects such as air conditioning, heating, cooling, water supply, water treatment, wastewater, and firefighting. They offer a full range of energy efficient and high-quality pumps, pressurization equipment, water storage and treatment solutions. Xylem can assist throughout all stages of a commercial project from design to installation and long-term service and maintenance. They have experience providing solutions for various commercial building types including airports, offices, hotels, hospitals, schools, and government buildings.
The document discusses the future of the economy in Canada and globally. It notes that economic growth remains weak around the world, including in Canada. The economy is "barely chugging along" and faces issues like high household debt levels and weak global demand. Interest rates will rise gradually from historic lows. Infrastructure spending is recommended to boost the economy.
Metropolitan Fine Printers and Ampco Grafix were printers in British Columbia that strongly supported Vancouver's 2010 Olympic Games bid and operations. Metropolitan printed materials for Vancouver's initial bid package and later became a sponsor and vendor for the Olympic organizing committee, providing various printed materials. Ampco helped wrap the Richmond Olympic Oval in graphics and also wrapped three ferries in huge vinyl graphics to promote the Games along their international routes. Both companies leveraged their Olympic involvement to gain new business opportunities and relationships.
Mental health issues are a significant concern in the workplace, costing the economy billions due to lost productivity. Approximately 20% of adults have a mental health problem. The legal framework around workplace mental health obligations is developing, with cases establishing that employers have a duty to reasonably accommodate employees with mental illnesses through an interactive process and considering all possible options before termination. Failure to do so can result in costly damages awards. Employers are also obligated to prevent harassment and ensure a safe workplace under health and safety laws.
Cette présentation du projet Nextic sur l'aide à la gestion de la biodiversité par les TIC a été faite le 7 décembre 2010 lors du séminaire organisé par l'OSUR de l'Université de La Réunion sur les bases de données et de connaissances.
Cette présentation en français du projet Vibrant a été faite le 15 mars 2011 lors du séminaire sur le programme européen FP7 à l'Université de La Réunion. Ce séminaire était organisé par la Direction des Relations Internationales de l'UR.
GINA - Genetic Information Nondiscrimination Actdgevertz
1. GINA prohibits employers from using genetic information to make employment decisions such as hiring, promotions, discharge, compensation, and other terms of employment.
2. GINA restricts employers from intentionally acquiring genetic information about applicants and employees, with some exceptions such as health services programs.
3. GINA requires employers to keep any genetic information confidential by maintaining it in separate medical files separate from personnel files.
4. GINA prohibits employers from retaliating against employees who oppose unlawful practices under GINA such as genetic discrimination.
Best Practices When Issuing Discipline and TerminationsG&A Partners
If you ask any manager what their least favorite part of their job is, odds are one of the top answers will be about firing or reprimanding employees. Having to terminate or discipline an employee is perhaps one of the most uncomfortable and unpleasant parts of being a manager. In this webinar, Sean O'Donnell, one of G&A Partners' HR experts, will talk about some best practices and potential legal pitfalls for managers when issuing employee disciplinary actions and terminations.
This document provides an overview of intellectual property law as it relates to employment. It defines the key types of intellectual property - patents, copyrights, trademarks, and trade secrets. For each type, it briefly explains what they protect and some key considerations. For example, it notes that patents protect inventions, copyrights protect original works of authorship, trademarks protect branding, and trade secrets protect confidential business information. The document aims to educate about intellectual property issues in employment.
This document is the January/February 2015 issue of Design Engineering, a magazine about engineering topics. The summary contains:
- The issue includes articles on Autodesk's CAD in the cloud applications, a study on underemployment of engineering degree holders in Canada, and a Toronto-made smart bicycle.
- It also features columns on topics like the industrial internet of things, safety in hazardous work environments, Canada's engineering underemployment crisis, the importance of co-op programs, and an engineering salary guide for major Canadian cities.
- The issue contains additional sections on CAD software news, a manufacturing case study, new industrial products, and a profile of a Canadian innovator developing smart bicycle technology
The document is an issue of Design Engineering magazine from January/February 2013. It includes articles on various topics in engineering design and manufacturing in Canada, such as Autodesk's new cloud-based CAD software Fusion 360, CFD analysis helping improve cycling helmet design, and a report outlining recommendations to support growth in Canada's aerospace sector. It also contains advertisements, including from Festo and Omega Engineering, and sections with industry news briefs.
This document provides step-by-step instructions for building an ASN (Advanced Shipping Notice) in EDI Desktop. It describes opening the EDI Desktop icon, clicking on the ASN functions and summary, and using the ASN wizard to select account information like retailer, buying code, ship to location, and POs. It then explains how to enter shipment details, select the pack type as carton or pallet, and pack items into cartons using options like single item or partial packing. It concludes by discussing how to generate and print labels once the packing is complete.
BioTalent Canada Alternative Careers for Immigrantsbiotalentcanada
Rob Henderson, President of BioTalent Canada, was asked to speak about Alternative Careers at the Association of Canadian Community Colleges' (ACCC) Canadian Immigration Integration Project (CIIP) Partner Workshop in Ottawa on Feb. 12-13, 2013.
EDI Desktop is a Pic & Pac environment designed to allow a user to satisfy all North American retail EDI requirements. EDI Desktop was developed for a small business audience who were facd with having to respond to retail EDI requirements, which included the 810, 850, 860, 865, 875, 880, 882, and detail and non-detail 856 transactions. EDI Desktop also handles an outbound 940 to a 3PL and an inbound 945 from the 3PL. The Inbound 945 can be used to build an ASN.
The document provides an overview of Electrotherm (India) Ltd, an Indian engineering company that manufactures induction melting equipment and other capital goods for metallurgical industries. It discusses the company's history, expansion into new business divisions like steel manufacturing and electric vehicles, achievements, and strategies for growth. The electric vehicle division, Yobykes, aims to become a leader in the Indian electric two-wheeler market with over 25% market share and sales of 0.25 million vehicles by 2014-15 through new product development, nationwide distribution networks, and brand building.
This document summarizes the results of a two-year subset analysis of a global post-market registry called ENGAGE that evaluated clinical outcomes for the Endurant stent graft. The analysis showed compelling clinical performance of the Endurant stent graft in short aortic neck lengths between 10mm-15mm that were comparable to outcomes in standard neck lengths of 15mm or more. Over 1200 real-world patients were included in the registry with long-term follow-up planned out to 5 years, making it one of the largest, most comprehensive registries of its kind. The Endurant stent graft features an M-shaped proximal stent designed to seal effectively across a range of anatomies.
The Bernard Group is a full-service visual merchandising company with over 300,000 square feet of manufacturing space for print, plastics fabrication, prototyping, and fulfillment. They specialize in retail environments and have worked with prestigious brands like Kate Spade, Tommy Hilfiger, American Girl, Loft, Mac Cosmetics, Best Buy, Adidas, Champs, Michael Kors, and American Standard. Their capabilities include design, engineering, printing, fabrication, project management, and logistics.
When Should You Retain a Forensic Accountant?Jeff Moore
This document discusses when to retain a forensic accountant. It provides definitions of forensic accounting and describes the skills and traits of forensic accountants, including technical accounting knowledge, auditing skills, and expertise in areas like fraud investigation. It outlines example tasks forensic accountants perform, who typically hires them, the stages of an engagement, and example case assignments. The presentation concludes with a Q&A section.
Este documento analiza la posición de la Unión Europea en el conflicto del Sáhara Occidental. Señala que aunque la UE se presenta como defensora de los derechos humanos y la democracia, en este caso sus intereses económicos y políticos priman sobre estos principios. Ignora los derechos del pueblo saharaui a su autodeterminación y soberanía sobre sus recursos naturales. A pesar de las críticas del Parlamento Europeo, la Comisión y el Consejo no han aplicado medidas efectivas, como suspender el
Xylem is a global solutions provider for commercial building services projects such as air conditioning, heating, cooling, water supply, water treatment, wastewater, and firefighting. They offer a full range of energy efficient and high-quality pumps, pressurization equipment, water storage and treatment solutions. Xylem can assist throughout all stages of a commercial project from design to installation and long-term service and maintenance. They have experience providing solutions for various commercial building types including airports, offices, hotels, hospitals, schools, and government buildings.
The document discusses the future of the economy in Canada and globally. It notes that economic growth remains weak around the world, including in Canada. The economy is "barely chugging along" and faces issues like high household debt levels and weak global demand. Interest rates will rise gradually from historic lows. Infrastructure spending is recommended to boost the economy.
Metropolitan Fine Printers and Ampco Grafix were printers in British Columbia that strongly supported Vancouver's 2010 Olympic Games bid and operations. Metropolitan printed materials for Vancouver's initial bid package and later became a sponsor and vendor for the Olympic organizing committee, providing various printed materials. Ampco helped wrap the Richmond Olympic Oval in graphics and also wrapped three ferries in huge vinyl graphics to promote the Games along their international routes. Both companies leveraged their Olympic involvement to gain new business opportunities and relationships.
Mental health issues are a significant concern in the workplace, costing the economy billions due to lost productivity. Approximately 20% of adults have a mental health problem. The legal framework around workplace mental health obligations is developing, with cases establishing that employers have a duty to reasonably accommodate employees with mental illnesses through an interactive process and considering all possible options before termination. Failure to do so can result in costly damages awards. Employers are also obligated to prevent harassment and ensure a safe workplace under health and safety laws.
Cette présentation du projet Nextic sur l'aide à la gestion de la biodiversité par les TIC a été faite le 7 décembre 2010 lors du séminaire organisé par l'OSUR de l'Université de La Réunion sur les bases de données et de connaissances.
Cette présentation en français du projet Vibrant a été faite le 15 mars 2011 lors du séminaire sur le programme européen FP7 à l'Université de La Réunion. Ce séminaire était organisé par la Direction des Relations Internationales de l'UR.
GINA - Genetic Information Nondiscrimination Actdgevertz
1. GINA prohibits employers from using genetic information to make employment decisions such as hiring, promotions, discharge, compensation, and other terms of employment.
2. GINA restricts employers from intentionally acquiring genetic information about applicants and employees, with some exceptions such as health services programs.
3. GINA requires employers to keep any genetic information confidential by maintaining it in separate medical files separate from personnel files.
4. GINA prohibits employers from retaliating against employees who oppose unlawful practices under GINA such as genetic discrimination.
Best Practices When Issuing Discipline and TerminationsG&A Partners
If you ask any manager what their least favorite part of their job is, odds are one of the top answers will be about firing or reprimanding employees. Having to terminate or discipline an employee is perhaps one of the most uncomfortable and unpleasant parts of being a manager. In this webinar, Sean O'Donnell, one of G&A Partners' HR experts, will talk about some best practices and potential legal pitfalls for managers when issuing employee disciplinary actions and terminations.
This document provides an overview of intellectual property law as it relates to employment. It defines the key types of intellectual property - patents, copyrights, trademarks, and trade secrets. For each type, it briefly explains what they protect and some key considerations. For example, it notes that patents protect inventions, copyrights protect original works of authorship, trademarks protect branding, and trade secrets protect confidential business information. The document aims to educate about intellectual property issues in employment.
The webinar covered best practices for hiring, including sourcing candidates, screening resumes and phone screens, conducting interviews, and final screening. It emphasized the importance of hiring the right person and avoiding discrimination. Interviewers were advised to ask only job-related questions consistently, avoid biases, and properly prepare, listen and follow up to assess candidates fully based on qualifications and experience.
Welcome to the Team! Recruiting and Hiring, Including Restrictive Covenants (...Financial Poise
To view the accompanying webinar, go to: https://www.financialpoise.com/financialpoisewebinars/view-webinar/?id=261915068&slides=8FFUUS9Gyz9IpR
You only get one chance to make a first impression, so you want to make sure you’re your company avoids unnecessary missteps when recruiting and hiring employees. Understanding what you can and cannot say during interviews and how to respond when a candidate volunteers information that may be considered “off limits” is essential. At the same time, there are a host of laws being passed throughout the country that address when and what sort of information you can request from applicants regarding their criminal and financial histories. In the event you decide to protect your organization by requiring certain employees to sign some type of restrictive covenants—non-competition, non-solicitation and/or non-disclosure—there are a host of legal and practical issues to consider. This webinar explores these and other issues so that you can be confident, going forward, that you are starting off on the right foot—legally, at least—when you hire new employees.
We’re excited to have sponsored the NCACPA’s Members in Business and Industry Fall Conference in Asheville, September 9-11. CAI’s HR Manager, Lauren Hardwick, presented the ‘10 Most Common Claims Against Employers.'
Mastering Challenging Investigation Interview Subjects - Webinar with Bill NolanCase IQ
This document discusses challenging subjects in workplace harassment investigations. It identifies common types of difficult parties, including alleged wrongdoers like manipulative harassers or those in high positions, as well as complainants like poor performers or those making parting shot complaints. It emphasizes the core objectives of gathering facts, responding appropriately to minimize liability, and optimizing future conduct. Specific examples are provided, such as how to handle a CEO accused of harassment or a manipulative harasser who denies claims that can't be proven. Throughout, it stresses properly communicating the investigation process and documenting actions and reasons for decisions.
You're fired! The Law of Dismissal in Canada.srudner
This document summarizes the types of just cause for dismissal in Canada. It discusses the two types of dismissals - with cause or without cause. If a dismissal is with cause, the employer has no further obligations to the employee. Otherwise, the employee may be entitled to notice pay, severance, or both. The employer bears the burden of proving just cause for dismissal and must consider all circumstances of the alleged misconduct. Common just causes include dishonesty, theft, harassment, and absenteeism. Performance issues also qualify but the employer must clearly communicate expectations and allow time for improvement. Off-duty conduct can also lead to discipline if it harms the employer's reputation. Statutory notice periods are also outlined.
Amb power point 10 things employers do wrong 2011 (2)Adair Buckner
Employers commonly make mistakes in several areas of employment law compliance including misclassifying employees, not having proper policies, asking improper interview questions, giving inaccurate performance evaluations, failing to properly document or investigate employee issues, delaying necessary firings or discipline, mishandling leave under various laws, and blurring personal and professional boundaries. Thorough training and legal guidance are needed to successfully navigate complex regulations.
Sexual Harassment 101: What Every Manager Needs to Knowhrluminary
The intent of this presentation is to inform and educate HR and other members of management on the legal consequences of discrimination and harassment. The presentation focuses on the important role of supervisors and managers in creating and maintaining an environment free of harassment.
This document provides guidance for employers on hiring right in 2022. It discusses how a tight hiring market can lead to mistakes and advises striving for the ideal candidate rather than settling. It outlines legal do's and don'ts for interviews such as avoiding questions about protected classes and medical history. Recommended interview questions focus on skills, experience, and judgment. Employers should research candidates online but avoid unauthorized access. The document also covers pre-employment drug testing, background checks, physicals, I-9 forms, and the importance of taking time with hiring decisions.
Learn over a dozen unique accounting, HR, and managerial anti-fraud alternative considerations that businesses, governmental and not-for-profit organizations can implement to reduce the risk of internal embezzlement and asset misappropriation. In addition to discussing the fraud prevention measures, this course will incorporate some real-life examples of frauds perpetrated, what lead to their discovery and what steps could have been taken to prevent them from occurring.
Legal Aspects Relating to Social Media in the WorkplaceBrian Bluff
This presentation addresses legal issues companies must deal with when considering participating in social media. By Colin M. Leonard, Esq. of Bond, Schoeneck & King, PLLC.
The document provides tips for startups on hiring and firing employees. It discusses when startups should hire and the key considerations in the hiring process such as determining skills needs. The document outlines the differences between independent contractors and employees. It provides advice on interviewing, onboarding new hires, and setting expectations. The document also discusses procedures for dismissing employees or contractors, including redundancy and disciplinary processes. Throughout, it emphasizes the importance of being fair, respectful and documenting all processes when hiring and firing.
Hiring & Firing - Top Tips for Startups - February 2016Digital Catapult
The document provides tips for startups on hiring and firing employees. It discusses when startups should hire and the key considerations in the hiring process such as determining skills needs. The document outlines the differences between independent contractors and employees. It provides advice on interviewing, onboarding new hires, and setting expectations. The document also discusses dismissing employees and contractors, including redundancy and disciplinary processes. Throughout, it emphasizes the importance of being fair, respectful and documenting all processes when hiring and firing.
The document summarizes 6 cases of fraud that were investigated at various companies. In the first case, over $7 million was embezzled from a medical services company by one of the owners over 5 years through unauthorized compensation and personal expenditures. The second case describes a $2 million embezzlement from a manufacturing company by an accountant who was trusted to manage finances. The third case discusses a payroll embezzlement of $330,000 by a longtime employee at a scrap company. The document concludes by providing suggestions for fraud prevention including effective internal controls, fraud audits, and monitoring employees' lifestyles.
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.
This document discusses techniques for collecting overdue payments by phone. It recommends identifying the correct contact person, understanding past payment history, and having key details like the amount owed before calling. The call should state your name, firm, reason for the call, confirm the amount, and request payment. If the soft approach fails, threats of further recovery action may be needed. Follow-ups are important to ensure promises are kept, and escalation is needed if payment isn't received as agreed. The overall goal is to make it easier to pay the debt than ignore it.
Welcome to the Team! Recruiting and Hiring, Including Restrictive Covenants (...Financial Poise
You only get one chance to make a first impression, so you want to make sure your company avoids unnecessary missteps when recruiting and hiring employees. Understanding what you can and cannot say during interviews and how to respond when a candidate volunteers information that may be considered “off limits” is essential. At the same time, there are a host of laws being passed throughout the country that address when and what sort of information you can request from applicants regarding their criminal and financial histories. In the event you decide to protect your organization by requiring certain employees to sign some type of restrictive covenants—non-competition, non-solicitation and/or non-disclosure—there are a host of legal and practical issues to consider. This webinar explores these and other issues so that you can be confident, going forward, that you are starting off on the right foot—legally, at least—when you hire new employees.
To listen to this webinar on-demand, go to: https://www.financialpoise.com/financial-poise-webinars/recruiting-and-hiring-including-restrictive-covenants-2020/
The document provides information from presentations given at a National Grants Management Association conference on April 22, 2015. It discusses topics like common issues found in investigations of grant fraud by the National Science Foundation Office of Inspector General and the Department of Transportation Office of Inspector General, such as misuse of funds, false claims, and disadvantaged business enterprise fraud. It also offers lessons for grant recipients and grantors to avoid grant management problems and the potential civil or criminal penalties that can result from investigations.
This presentation provides an overview to preventing and detecting payroll fraud. It is of interest to payroll managers, finance directors, shared services specialists, and internal auditors.
Rushmore Forensic is a specialist forensic accounting firm based in Sydney, Australia.
Similar to When the Skeletons in the Closet Start to Rattle...! (20)
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.
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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.
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Your company’s people, products, profits and politics have a direct impact on its bottom line.
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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:
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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.
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The Radar reflects input from APCO’s teams located around the world. It distils a host of interconnected events and trends into insights to inform operational and strategic decisions. Issues covered in this edition include:
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HR search is critical to a company's success because it ensures the correct people are in place. HR search integrates workforce capabilities with company goals by painstakingly identifying, screening, and employing qualified candidates, supporting innovation, productivity, and growth. Efficient talent acquisition improves teamwork while encouraging collaboration. Also, it reduces turnover, saves money, and ensures consistency. Furthermore, HR search discovers and develops leadership potential, resulting in a strong pipeline of future leaders. Finally, this strategic approach to recruitment enables businesses to respond to market changes, beat competitors, and achieve long-term success.
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This presentation is a curated compilation of PowerPoint diagrams and templates designed to illustrate 20 different digital transformation frameworks and models. These frameworks are based on recent industry trends and best practices, ensuring that the content remains relevant and up-to-date.
Key highlights include Microsoft's Digital Transformation Framework, which focuses on driving innovation and efficiency, and McKinsey's Ten Guiding Principles, which provide strategic insights for successful digital transformation. Additionally, Forrester's framework emphasizes enhancing customer experiences and modernizing IT infrastructure, while IDC's MaturityScape helps assess and develop organizational digital maturity. MIT's framework explores cutting-edge strategies for achieving digital success.
These materials are perfect for enhancing your business or classroom presentations, offering visual aids to supplement your insights. Please note that while comprehensive, these slides are intended as supplementary resources and may not be complete for standalone instructional purposes.
Frameworks/Models included:
Microsoft’s Digital Transformation Framework
McKinsey’s Ten Guiding Principles of Digital Transformation
Forrester’s Digital Transformation Framework
IDC’s Digital Transformation MaturityScape
MIT’s Digital Transformation Framework
Gartner’s Digital Transformation Framework
Accenture’s Digital Strategy & Enterprise Frameworks
Deloitte’s Digital Industrial Transformation Framework
Capgemini’s Digital Transformation Framework
PwC’s Digital Transformation Framework
Cisco’s Digital Transformation Framework
Cognizant’s Digital Transformation Framework
DXC Technology’s Digital Transformation Framework
The BCG Strategy Palette
McKinsey’s Digital Transformation Framework
Digital Transformation Compass
Four Levels of Digital Maturity
Design Thinking Framework
Business Model Canvas
Customer Journey Map
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On episode 272 of the Digital and Social Media Sports Podcast, Neil chatted with Brian Fitzsimmons, Director of Licensing and Business Development for Barstool Sports.
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When the Skeletons in the Closet Start to Rattle...!
1. When the Skeletons in the
Closet Start to Rattle … !
By P.A. Neena Gupta and Lesley Love
2. Overview
1. Background Checks
2. Credit Checks
3. Misrepresentations on Resumes
4. Disciplining for Off-Duty Conduct
5. Employee conduct on Social Media
6. Managing the Immigration Implications
2
3. Background Checks
• Background checks are a screening tool
• Criminal Record
• Credit Record
• Academic
• References
• Significant “errors” on resume or applications
• Exaggerated academic credentials
• Inflated job titles or responsibilities
• Lies about reasons for leaving previous jobs
3
4. Obtain Consent to Background Check
• Written consent required for:
• Criminal background check
• Credit checks
• Confirmation of employment information from
previous employer
• Academic confirmation
• Ensure consent broad enough to permit
obtaining information from individuals other
than named or specific employees
4
5. Tales from the Crypt!
Geraldine hired the perfect candidate after
checking the references he supplied on his
impressive resume.
Employee ends up being a complete disaster.
References were all false; friends at entry-
level positions pretending to be managerial or
director-level hire.
5
6. Employment Contract
• Make offer subject to satisfactory background
checks
• If background checks unsatisfactory, offer
withdrawn or if employee has started work,
grounds for termination
• Indicate that any misrepresentation on the
resume or application form constitutes grounds
for termination with just cause
6
7. Lying on a Resume
• Is your offer letter conditional upon reference
checks being made and passed?
• Explicitly advise lying on resume grounds for
termination
• Do you perform thorough reference checks?
• What if a candidate lies on their resume?
• What if you don’t discover the lie until after the
candidate is hired?
• If an employee misrepresents their qualifications, it can
constitute just cause for dismissal.
• Is the misrepresentation “material”? i.e. was the qualification
they lied about to have a key reason for you hiring them?
7
8. Criminal Background Checks
• Mandatory
• Children
• Vulnerable adults
• Bonded employees
• Highly Recommended
• Handling cash or inventory
• Managerial or supervisory employee
8
9. Criminal Background Checks
• Private background companies can do a “query”
• Name and date of birth
• Requires written consent (usually on company form)
• Often require copies of 2 pieces of ID
• Initial “query” based on employee name and date of birth
• Can lead to false positives (how many John Smiths born
on March 1, 1972 in Toronto?)
• Will not catch people who have changed names (e.g.
marriage)
10. Tales from the Crypt!
Jamie MacDonald, born November 1, 1972 in
Sydney, Nova Scotia was nearly fired from his
job as a medical technician when a criminal
background check showed NUMEROUS
convictions for fraud, assault, aggravated
assault. Employer confronted Jamie, who
indicated it was not him.
10
11. Criminal Background Check
• Only authoritative background check is
“fingerprint” test
• Can only be done at police station
• 3 week to 3 month delay, depending on location
• The good “Jamie” was cleared
11
12. You Discover the Candidate/an Employee has a
Criminal Record – What Next?
• Employer can only consider criminal offences for which
no pardon has been granted
• However, if unpardoned, the candidate/employee has no
protection under the Code; pardon not sufficient for
immigration purposes
• Some case law suggests that Code even protects against
discrimination on the basis of pending charges
• Should not consider provincial offences (such as highway
traffic act) unless directly relevant
13. Credit Checks
• Why ask for one?
• Is the employee going to be handling money?
• Is the employee in a key financial position?
• Employer’s are entitled to perform Credit Checks, but must
comply with Consumer Protection Legislation.
• A candidate must be notified in writing, in bold type or
underlined and in letters at least 10 point in size, before the
check is done
• If the candidate asks, they must be given the name and
address of the consumer reporting agency supplying the
report
• Have the candidate sign a consent before conducting the
check
• Be sure to keep the information received confidential
14. Termination for Off-Duty Conduct
• An employer must show a “nexus” between the employee’s
misconduct and the employer’s “legitimate business interests.”
• In Kelly v. Linamar, an employee was terminated days after
being charged with possession of child pornography.
• Grounds: the companies reputational loss in the community.
• Linamar lead extensive evidence regarding its charitable work with children’s
programs in the community.
• The employee plead guilty a year and a half later.
• Employee brought a wrongful dismissal claim against
Linamar.
15. Off-Duty Conduct – Criminal Offences
• Criminal charge does not automatically mean just
cause
• Do not rush to judgment
• Consider the nature of the offence
• Is it related to the job?
• Is it relevant to the performance of his or her job duties?
• Is the position high profile? In the media?
• Does the charge interfere with the employee’s ability to discharge position?
(e.g. travel, time in jail)
16. Termination for Off-Duty Conduct
• The judge dismissed the claim, stating:
• Linamar has over a long period of time built up a good reputation which it
jealously protects. That reputation includes the promotion of its activities with
young people outlined earlier. A company is entitled to take reasonable steps
to protect such a reputation and the termination of Philip Kelly was just such a
step. The employer has demonstrated just cause on far more than the balance
of probabilities.
• Interesting, the judge went on to note:
• Subsequent to the decision to terminate two things happened which, had they
happened earlier, would have strengthened the employer’s position even
more. Mr. Kelly was eventually convicted of the charge of which he was
merely suspected at the time of his termination and the identity of his
employer which had been known only to others within the corporation became
a matter of public record.
• In other words, there was an element of risk involved. What
would the consequences have been for the employer if he
had been found not guilty?
17. Consequences of Making False Allegation
Against Employee
• John Pate was the chief building official for the Townships
of Galway and Cavendish from 1990-1999
• Shortly after accepting a demotion following an
amalgamation of the townships, he was accused by his new
boss of stealing building permit fees
• Told to resign or the police would be notified – Pate refused
and was charged with theft
• Acquitted at trial in 2002 where it was revealed that the
employer had withheld evidence from the OPP, including an
internal investigation prior to Pate’s termination that found
he and others were innocent
18. The Decision
• Ultimately awarded $550,000 in punitive
damages
• Significant misconduct by the employer lasting over a
lengthy period, including intentional withholding of
exculpatory evidence
• Devastating impact on employee’s life, including his
marriage and prospects for future employability
19. Use of Social Media
• Are you “friends” with your employees on social
media?
• Lougheed Imports Ltd. (West Coast Mazda) v. UFCW Local 1518
• Employee making threatening posts on Facebook:
• “Sometimes ya have good smooth days, when nobodys f**king with your ability
to earn a living....and sometimes accidents DO happen…”
• “All I Gotta say is they pissed off the WRONG GUY ....big time”
• “west cost detail and accessory is a f***in joke…don’t spend your money
there… ripped off a bunch of ppl I know.”
• The Employee’s supervisor was “friends” with him, and monitored
the conversation. Ultimately terminated his employment.
19
20. Lougheed Imports Ltd. (West Coast Mazda) v. UFCW
Local 1518
• In upholding the terminations, the B.C. Labour
Relations Board made the following findings:
• The offensive comments made by the employee about
his supervisor amounted to insubordination
• The employee had over a hundred “friends” on
Facebook, including co-workers and his supervisor. As
such, he did not have any reasonable expectation of
privacy when he posted on Facebook
• He made comments damaging to the employer’s
business and reputation.
20
21. Lougheed Imports Ltd. (West Coast Mazda) v. UFCW
Local 1518
• Social Media can be just cause for termination:
• Insubordination
• Dishonesty
• Conduct detrimental to employer
• Social Media unlikely to be considered “private”
if available fairly widely
21
22. Social Media – Double-edged Sword
• May learn of information that reveals too much
information
• Religious affiliation
• Sexual orientation
• Illness or disability
• Family illness
• Pregnancy/number of children
• Exposes employer to accusation of
discrimination
22
23. Social Media – Double-edged Sword
• Have social medial policy for HR
• If using social media in recruitment or
promotion, make sure person vetting person on
internet knows what is relevant and not relevant
• Ensure person making decisions not person
surfing internet and is only given relevant
information
23
24. Immigration Implications
• Foreign nationals are inadmissible to Canada
due to past criminal activity if they were
convicted of an offence in Canada or were
convicted of an offence outside of Canada that is
considered a crime in Canada
• Canada does allow foreign nationals with
criminal records into Canada under certain
circumstances
24
25. Overcoming Inadmissibility
• What to do if you have a foreign national with a
criminal record, who needs to come to Canada?
• Temporary Resident Permit
• Deemed Rehabilitation
• Rehabilitation
25
26. Temporary Resident Permit
• If criminally inadmissible but have a valid reason
to travel to Canada, a foreign national may be
issued a TRP
• Less than 5 years has passed since the end of the
sentence and/or
• Benefit to Canada outweigh the risk of re-offending
26
27. Temporary Resident Permit
• Reasons for a TRP to be granted
• Work for employer either abroad or in Canada that
benefits economy
• Cultural benefit to Canada
• Personal reasons – spouse, children, ill relative
• Minor crime is typically not a factor
27
28. Temporary Resident Permit
• A permit will be granted for the length of time a
foreign national is required in Canada (i.e. 1 year
work permit = 1 year TRP)
• TRP’s must typically be applied for at the
Consulate, in certain circumstances a TRP may
be requested and granted at the port of entry
28
29. Deemed Rehabilitation
• Under the Immigration and Refugee Protection
Act, Deemed rehabilitation means that enough
time has passed since the conviction and
conclusion of the sentence that the foreign
national is considered absolved of their crime
29
30. Deemed Rehabilitation
• Considerations for Deemed Rehabilitation:
• the nature of the crime
• how much time has passed since completion of
sentence
• number of crimes committed
• Deemed Rehabilitation is only an option if the
crime would be punishable by a maximum term
of less than 10 years
30
31. Rehabilitation
• Rehabilitation removes the criminal
inadmissibility of a foreign national
• If foreign national is not eligible to be deemed
rehabilitated you must apply for individual
rehabilitation to enter Canada
• Rehabilitation means that the foreign national
leads a stable life and that is not likely to commit
new crimes
31
32. Rehabilitation
• To apply for Rehabilitation:
• At least 5 years must have passed since the
completion of sentence
• An application must be submitted to a Consulate
• Current processing times are approximately 2 years
32
33. Overcoming Inadmissibility
• Documents required:
• Court records
• Evidence of completion of sentences
• Police clearance reports
• Reference letters
• Invitation letter
• Photos
• Fee
33
34. Canadian Pardon
• If the foreign national has a criminal conviction
from within Canada a Pardon (now a Record
Suspension) will be required prior to re-
admittance to Canada
• Must carry pardon with them when entering
Canada
34
35. Canadian Pardon
• In order to be considered for a record
suspension under the Criminal Records Act, a
specified period of time must pass after the end
of the sentence imposed
• The usual waiting period for offences:
• ten (10) years if prosecuted by indictment
• five (5) years for summary convictions
35
36. Criminal Ineligibility in the U.S.
• Like Canada, foreign nationals with a criminal
history will be denied entry into the U.S.
• Not all criminal convictions create an ineligibility
to enter the U.S., but any past criminal record
must be declared
36
37. Waiver of Ineligibility
• If you are ineligible to enter the United States,
you may apply for a waiver of ineligibility
• Must be done well in advance of any planned
entry
• Many of the same documents are required
37
38. Overcoming Inadmissibility
• Foreign nationals who are inadmissible due to a
criminal past may be allowed entry
• Plan ahead, ask questions and be prepared
38
39. Thank You
P.A. Neena Gupta
Gowling Lafleur Henderson LLP
Barristers & Solicitors
50 Queen Street North
Suite 1020
Kitchener, ON, N2H 6M2
Direct Tel: 519.575.6910
Direct Fax: 519.571.5001
Email: neena.gupta@gowlings.com
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40. Thank You
Lesley Love
Gowling Lafleur Henderson LLP
Barristers & Solicitors
50 Queen Street North
Suite 1020
Kitchener, ON, N2H 6M2
Direct Tel: 519.569.4562
Direct Fax: 519.569.4062
Email: lesley.love@gowlings.com
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