Canada: When Employees Resign, Don’t Fire Them Early: Six Lessons From Recent Employee Lawsuits

I am often asked how I come up with a fresh topic every week for 15 years, now. It’s easy: In editing the Dismissal & Employment Law Digest, I review every case from coast to coast and there is no shortage of them to choose from.

But this week, instead of one, here are some salient points I garnered from a smattering of cases:

Quebec Labour Standards vs Asphalte Desjardins Inc. The Supreme Court of Canada’s July 25 […]

By | October 7th, 2014 ||

It Still Ain’t Over. Canada Immigration Proposes Yet Further Temporary Foreign Worker Program Requirements

The Background
Ever since the ‘Royal Bank Scandal’ in 2013, the Canadian immigration system continues to implement further guidelines, restrictions, requirements and constraints for employers hiring and employing foreign workers. Many of the changes are with regard to ‘Labour Market Impact Assessments’ (LMIAs, formerly LMOs), under the jurisdiction of Employment and Social Development Canada (ESDC), but they all ultimately impact the ability to recruit and retain foreign workers.
Previous Changes to the System
Among other measures implemented […]

By | October 7th, 2014 ||

United States: Federal District Court Holds That Plan's One-Year Limitations Period Is Unenforceable Under State Law

On the heels of the Supreme Court’s decision in Heimeshoff v. Hartford Life & Acc. Ins. Co, a federal district court in New York has held in Halpern v. Blue Cross/Blue Shield of Western New York, 12-CV-407S (W.D.N.Y., Sept. 4, 2014) that a group health benefit plan’s shorter one-year limitations period is unenforceable because section 3221(a) of New York Insurance Law allowed for a two-year limitations period. Despite the fact that the New York’s […]

By | October 6th, 2014 ||