May 15, 2012 The Legalist: Careers and Employment

Independent contractor rights | BCBusiness

Some companies are now required to extend employee protections to independent contractors.

Businesses understand there are a number of laws regulating employees’ rights, working conditions, safety and compensation. What may be surprising to employers, however, is that many of these laws are extended to protect people who are not their employees. In other words, a business will sometimes have to extend “employee” protections to people such as independent contractors and sub-contractors.

Some recent court decisions help explain when a business will be responsible for...

May 10, 2012 The Legalist: Legal

New Invasion of Privacy Tort Could Leave Companies Liable

The recent “Intrusion on Seclusion” court decision should inspire employers to examine their current policies to protect their employees’ privacy.

The Canadian legal community has been abuzz about the January 2012 Jones v Tsige decision from the Ontario Court of Appeal that recognized a new common law breach of privacy tort called “Intrusion on Seclusion.” The case is an important one for which employers to be aware of.

The case revolved around one Bank of Montreal employee – Ms. Tsige – who accessed the bank records of an employee working in another BMO...

April 17, 2012 The Legalist: Human Resources

In Praise of The Human Resources Professional

HR professionals save money | BCBusiness

The Legalist reminds us that competent HR staff members can add value to companies, protect employers from lawsuits and cut costs in the long run.

My practice frequently involves helping companies with actual or potential claims against or from former employees. Unfortunately for these clients, by the time a claim arises, their options are limited to “damage control,” -- essentially just controlling the costs and consequences.

Most companies with large numbers of employees recognize the benefits of having at least one human resources professional on staff. Companies whose payroll...

March 27, 2012 The Legalist: Social Media

Social Media in Background Checks

Social media background check | BCBusiness

Employers should think twice before digging up dirt on potential employees through social media sites or risk breaking privacy laws.

Given all the potential sources of information on social media sites including Twitter, YouTube and blogs, it isn’t surprising employers are searching these as part of their background checks on prospective employees and volunteers. Many employers assume when someone posts information online, they tacitly consent to the use of that information by prospective employers when making hiring decisions. Unfortunately, that assumption isn’t correct and companies can get...

March 09, 2012 The Legalist: Careers and Employment

Employment Liability Insurance: Read the Fine Print

The Legalist warns us of the dangers of not knowing the coverage details of your Employment Practices Liability insurance.

Employment Practices Liability (EPL) insurance has been around since the late 1990s. While policies differ, generally EPL policies may, at least on their face, provide indemnity for and/or defence against wrongful dismissal, harassment and discrimination claims, whether litigated before a court or administrative tribunal such as the Human Rights or Employment Standards.

The policies may also cover employment-related libel and slander, and sexual harassment and...

February 28, 2012 The Legalist: Legal

Managing the Boomer Generation of Workers

Performance management can be legally tricky for employers as more Baby Boomers delay retirement.

This year marks when the largest generation in the workforce starts turning 65. Many boomers are delaying retirement, creating both an opportunity and a challenge for employers. Employers with older employees who are not meeting required standards found managing performance especially challenging after human rights laws were changed to ban mandatory retirement.

In January 2008, B.C.’s Human Rights Code was amended to eliminate the upper age limit to age discrimination. Other provinces have...