In a recent decision involving the validity of a last chance agreement, the Sixth Circuit concluded that the embedded release of all claims against the employer was not knowingly and voluntarily entered into by the employee...more
On May 1, 2023, the National Labor Relations Board (“NLRB” or “Board”) issued a decision, Lion Elastomers LLC, that provides employees with extensive cover for inappropriate workplace behavior under the guise of the National...more
In Northern Regional Health Authority v. Horrocks, 2021 SCC 42, (NHRA) a six-member majority of the Supreme Court of Canada (SCC) decided that in Manitoba, human rights disputes arising from the interpretation, application,...more
A Last Chance Agreement (“LCA”) is an agreement between the employee and the employer, usually as a last effort to avoid termination, where the employee must agree to the LCA as a condition of employment to keep their job. ...more
Envision a situation where you are about to terminate an employee for violating a work conduct rule. Sensing what is coming, the employee explains to you her disability caused her to violate the rule. Are you required to...more
The scenario is familiar to most employers that manage employees covered by a collective bargaining agreement: a union challenges the termination of a bargaining unit member, and the parties face an uncertain outcome before...more
We operate a manufacturing plant with a union workforce where new employees begin with a 90-day probationary period during which they are not yet members of the union. I recently hired a guy who refused to work overtime on...more
Some employers believe in giving employees a second chance. When the reason for taking action is related to drug or alcohol use, employers frequently require employees to agree to certain terms as a condition of returning to...more