Supreme Court Of Canada Finds Constructive Dismissal Where Administrative Suspension Is Not Justified And Reasonable

The Supreme Court of Canada has overturned the New Brunswick Court of Queen’s Bench and the New Brunswick Court of Appeal in a new landmark constructive dismissal case: Potter v. New Brunswick Legal Aid Services Commission, 2015 SCC 10.

Potter was the executive director of the New Brunswick Legal Aid Services Commission (the “Commission”).  Approximately mid-way through the seven year contract term, in the spring of 2009, Potter and the Board of Directors (the “Board”) […]

By | March 25th, 2015 ||

United States: New Michigan Law Expands The Types Of Criminal Records Applicants & Employees Can Refuse To Disclose To Employers

Existing Michigan law has served to prevent private employers from considering criminal records “set aside” by law (more commonly known as expungement) in hiring and personnel decisions. An amendment to that law, which took effect on January 12, expands the circumstances under which ex-offenders may seek to set aside their criminal records and, thus, may further inhibit employers from accessing the criminal records of their applicants and employees. Employers who violate the law are […]

By | March 25th, 2015 ||

United States: “Smoking Gun” Comments Serve As An Important Reminder Of The ADA’s Protection Against Associational Discrimination

Most employers are well aware that the Americans with Disabilities Act (ADA) protects qualified individuals with disabilities against discrimination on the basis of disability and requires employers to provide reasonable accommodations to employees with disabilities, if those accommodations do not pose an undue hardship for the employer. However, a recent court decision reminds employers that even individuals without disabilities may be protected from discrimination under the ADA due to their association with another person […]

By | March 25th, 2015 ||