"Clawback clauses" state that employees must refund all or part of their variable bonus if it is determined that the bonus should not have been paid out in the first place. Contractual clawbacks had a part to play in three recent court rulings.
On October 15, 2021, Employment and Social Development Canada updated its website with information for employers, to provide updated guidance regarding how employers should fill out Records of Employment.
The Ontario Superior Court recently found that the Chamber of Commerce was justified in dismissing with cause a 75-year-old, long-term employee with no prior disciplinary record on account of her dishonesty, poor judgment, and other acts of misconduct.
In a recent decision, an Ontario court stated that an employee’s efforts to mitigate his losses arising from the alleged constructive dismissal did not toll the limitation period and were irrelevant to when the limitation period began to run.
As we predicted four years ago, class action lawsuits against employers under the Fair Credit Reporting Act (FCRA) continue to spike, including class actions targeting background check disclosures.
Position descriptions and job postings are often untapped opportunities to inform and market your position, team, and the employer to potential candidates.
The California legislature has wrapped up its annual legislative session, once again sending a number of employment and labor law bills to Governor Newsom’s desk.
Companies that hire employees and engage independent contractors in California should brace for a significant slowdown in background checks that include criminal record searches in California state courts.
Alyesha Asghar Dotson discusses whether such bonuses potentially may expose employers to legal risks, and whether employers ought to use them even if they are legally sound and effective.
