Posts tagged Toronto.

Well, it's that time of year again - what are you thankful for? Here are some Human Resources and employment law matters for which I am thankful. Please feel free to add your own in the comments.

I'm thankful that I'm not Trey Gowdy. The Republican Congressman from South Carolina and chair of the House Benghazi Committee is not out, but he's definitely down -- for the moment. He's ...

This case may have some problems, but it's a good illustration of why employers need to be careful, post-Young v. UPS. Thanks very much to Bill Goren for sending it my way.

The Equal Employment Opportunity Commission filed suit last week in a federal court in Pennsylvania against Landis Communities (retirement communities), claiming that Landis unlawfully refused to accommodate the ...

If you have a poor performer, is it better to make a clean break and fire him, or is it better to prolong his (and your) agony?

That is obviously a biased question, but some employers will do almost anything to avoid firing an employee, including the following:

  • Nothing
  • Issue 8 bazillion warnings but never act on them
  • Offer a demotion, or a transfer to a less demanding job
  • Let the employee ...

Some employers really, really hate to fire employees. That doesn't mean they won't do it - but they'll do just about anything to avoid calling it what it is.

A few months ago, I wrote about "bogus RIFs" - when an employer tries to avoid "firing" an employee by claiming it's really a "reduction in force."

There's another kind of "alternative" separation called a constructive discharge.

As they said at Bunker Hill, "Don't fire until you see the whites of their eyes!"

Last week, I wrote about early motions to dismiss employment lawsuits under Rule 12(b)(6) and questioned whether they were always the best strategy for the employer. Most of last week's post simply described the differences between a motion to dismiss, a motion for summary judgment, and a trial, as ...

Robin Shea has 30 years' experience in employment litigation, including Title VII and the Age Discrimination in Employment Act, the Americans with Disabilities Act (including the Amendments Act). 
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