Canada: The Four Top Ways For Employers To Avoid Liability To Employees For Disability Benefits

One of the most difficult issues faced by employers when terminating employees is how to deal with benefit coverage during the severance period.

Unless there is a written contract of employment that provides otherwise, an employment contract (including a verbal contract) contains an implied term that, absent just cause, employees are entitled to reasonable notice of the termination of their employment.

Most employers provide an employee with a severance package which provides pay in lieu of […]

By | February 23rd, 2015 ||

Australia: Fair Work Commission updates definition of bullying

In a recent decision rejecting allegations of bullying by a lawyer employed in the financial sector, Vice President Hatcher has suggested that the Australian Fair Work commission will find any of the following conduct to constitute bullying: “intimidation, coercion, threats, humiliation, shouting, sarcasm, victimisation, terrorising, singling-out, malicious pranks, physical abuse, verbal abuse, emotional abuse, belittling, bad faith, harassment, conspiracy to harm, ganging-up, isolation, freezing-out, ostracism, innuendo, rumour-mongering, disrespect, mobbing, mocking, victim-blaming and discrimination.”

Even though […]

By | February 22nd, 2015 ||

United States: McDermott Predictions For 2015 On Employee Social Media Accounts

In 2015, I predict an increased focus on employees’ rights regarding their personal social media accounts. Since 2012, individual states have enacted laws prohibiting employers from requesting access to their employees’ (or job applicants’) personal social media accounts. In 2014 alone, six states enacted such laws, bringing the total number of states with this type of legislation to 18. (Click here for additional analysis of the impact of these laws on employers.)

In addition to […]

By | February 20th, 2015 ||