United States: "A Health Care Organization Would Be The Employer Least Likely To Fire Someone Because She Just Had Surgery"

This is a quote from an EEOC attorney who just commenced an ADA suit against — you guessed it – an Albuquerque home respiratory services and medical equipment company.

It underscores, if that is needed, our frequent warning to health care employers to comply with the anti-discrimination laws — especially the ADA (and now GINA — see our post published earlier today) because the EEOC is zeroing in on you!

In this new case, the company allegedly fired a warehouse clerk one week […]

By | September 24th, 2014 ||

Canada: Yet another reminder for employers to proceed with caution when drafting termination provisions

It is safe to say that most every employer understands that a termination provision in an employment contract must provide for no less than minimum employment standards.  With this understanding, employers and their counsel draft termination provisions with the full intention of complying with these minimum standards.  However, it seems that despite these good intentions, the courts have sent a very clear message that a termination provision that falls short and does not expressly […]

By | September 24th, 2014 ||

Canada: New Pension And Benefits Obligations For Employers Arriving In Fall 2014

Companies with employees in Ontario, particularly companies that sponsor or administer employee benefit plans, including extended health plans and pension plans, will be affected by the passage of Bill 21, the Employment Standards Amendment Act (Leaves to Help Families), 2014. Effective October 29, 2014, the Ontario Employment Standards Act, 2000 (ESA) will be amended, and eligible employees will be entitled to three new unpaid, job-protected statutory leaves of absence:

Family Caregiver Leave: up to 8 […]

By | September 23rd, 2014 ||