United States: NJ Employers: Mind Your At-Will Disclaimer Language

We are all familiar with the concept that, generally, absent a contract, employment in New Jersey is at-will, meaning an employer can terminate an employee with or without cause or notice.  Bernard v. IMI Sys., Inc.,131 N.J. 91, 106 (1993). An exception exists where an employer issues a handbook that contains express or implied promises concerning the terms and conditions of employment, without clear and prominent contractual and at-will disclaimers. Witkowski v. Thomas J. […]

By | May 9th, 2015 ||

United States: Staffing Buyers Can’t See Contingents’ I-9s; Don’t Ask For Them

Diane Geller was quoted in the Staffing Industry Analysts article, “Staffing Buyers Can’t See Contingents’ I-9s; Don’t Ask for Them.” Full text can be found in the May 6, 2015, issue, but a synopsis is below.

At a recent presentation during the American Staffing Association’s Staffing Law Conference, staffing firm executives were warned against forwarding I-9s.According to the law, I-9s—a document that verifies an employee’s ability to work in the U.S.—can only legally be shared with […]

By | May 9th, 2015 ||

Canada: Blowing The Whistle On The Whistleblower Program

Davies has submitted a letter to the Ontario Securities Commission (OSC) commenting on Staff’s framework for a proposed Whistleblower Program. The Whistleblower Program would be the first of its kind for Canadian securities regulators and only the second whistleblower program in Canada to offer a financial incentive.

As noted in our comment letter, we appreciate that the Whistleblower Program involves a careful exercise in line drawing between the goals of enforcement, on the one hand, […]

By | May 9th, 2015 ||