Release Signed By Employee On Date Of Termination Deemed Ineffective

On August 26, 2013, in Carey v. NMC Global Corp., the New Jersey Appellate Division held that a release signed by an employee on his first day back from a two-month medical leave of absence created a jury question as to whether it was knowingly and voluntarily entered into. The case serves as a cautionary reminder to employers as to the need to use best practices in procuring a release from a terminated employee.
The Facts
In […]

By | September 11th, 2013 ||

About No-Hire Agreements And Statements Of Employment Particulars

Statements of employment particulars
A no-hire agreement can most likely not be characterised as a term of employment.‎Therefore, employers are generally not required to inform employees about such ‎agreements by including them in the statements of employment particulars. This ‎follows from a recent Supreme Court ruling.

Under the Danish Statement of Employment Particulars Act, employers must inform ‎employees about “all material terms of employment”. In this case, the Danish ‎Supreme Court indirectly considered the question of […]

By | September 11th, 2013 ||

Canada: Employer Rights And Obligations During The Election Period

The local provincial by-elections for the ridings of Kitchener-Waterloo and Vaughan are fast approaching.  Voting day is September 6th, 2012.  Employers of employees eligible to vote in those ridings must be aware of their rights and obligations under the Election Act of Ontario.

Employers who do not follow the rules set out in the Act may be charged with an offence and liable to fines of up to $5,000 per offence.
Do I need to give […]

By | September 5th, 2013 ||