Safety Precautions, Termination

Angry Confrontation Of Employee By A Manager Could Be Safety Issue: OLRB

by Adrian Miedema | Dentons on 5/7/2013

In what appears to be a departure from a growing line of cases, the Ontario Labour Relations Board has permitted an employee to advance her claim that the employer violated the Occupational Health and Safety Act when it fired...more

Retaliatory Discharge Under Illinois Law: “Public Policy” Strictly Interpreted Once Again

by Harris M. Mufson, Steven J. Pearlman | Proskauer - Whistleblowing & Retaliation on 3/28/2013

An Illinois state court of appeals recently held that the Cook County Department of Public Health (“Cook County”) was not liable for common law retaliatory discharge because plaintiff/appellant failed to identify a cognizable...more

Court Dismisses Safety-Reprisal Complaint Related To Family Dispute

by Adrian Miedema | Dentons on 3/27/2013

An employee who claimed that he was dismissed after sharing his concerns about the well-being of himself and his children and the “lifestyle of their mother”, has been denied a remedy under the safety-reprisal provisions of...more

Unsafe-Truck Complaint Gets Probationary Employee Fired – And Damages For Safety-Reprisal

by Adrian Miedema | Dentons on 3/7/2013

An Ontario employer has been ordered to pay 24 weeks’ wages to a 12-week probationary employee who was fired after complaining about numerous safety issues with a company truck he was driving which hauled steel....more

Take A Deep Breath: Employers May Conduct Random Alcohol Tests

by Beth P. Zoller | XpertHR - Partnered with LexisNexis on 2/26/2013

A district court in Pennsylvania held that an employer may require probationary employees in safety sensitive positions to undergo random alcohol testing without violating the Americans with Disabilities Act (ADA) if it can...more

MSHA/OSHA Report - November 2012

by Tressi L. Cordaro, Michael T. Heenan | Ogletree, Deakins, Nash, Smoak & Stewart,... on 11/30/2012

In This Issue: - MSHA Update ..End of Temporary Reinstatement - That Was Not Temporary - OSHA Update ..Wanted: Regulatory Agendas for 2012 Please see full report below for more information....more

End Of Temporary Reinstatement - That Was Not Temporary

by Michael T. Heenan | Ogletree, Deakins, Nash, Smoak & Stewart,... on 11/27/2012

Margo Lopez and Denise Giraudo in our Mine Safety Practice Group are to be highly congratulated for an extraordinary victory that favors the entire mining industry. In Vulcan Construction Materials v. Federal Mine Safety and...more

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Safety Precautions › Termination