We expect that we will also see it applied at a provincial level.
After a three-week jury trial in North Dakota federal court, the jury returned a defense verdict on all counts. ShroyerCurtis D. SmithMatthew P. KostolnikTaylor D. SztainerKelly C. McGintyDebra L. The Minnesota Unemployment Insurance Division had found that a broker who had left the company was an employee and that all similarly situated workers were also employees.
The appellate division overturned the initial unfavorable determination and found that the individual and those who performed similar services did, in fact, meet the high threshold that our client used for qualifying independent contractor status.
Frost Customizing a Drug and Alcohol Testing Policy A client with employees in many different states needed an overhaul of its drug and alcohol testing policy. The company had some employees covered by the federal Department of Transportation drug testing requirements. Other employees were subject to testing to be determined solely by reference to the applicable state law.
We continue advising the employer on its implementation of the policy in specific circumstances. The plaintiff alleged that his rights as a minority shareholder were violated before he sold his stock. In a case of first impression, the plaintiff claimed that he had been illegally terminated from his employment and was entitled to lost salary.
He also claimed emotional distress damages for having been forced off the board of directors, and he argued that his stock sale did not preclude either claim. Our team of trial attorneys first persuaded the court to dismiss the employment claim, and then resolved the rest of the claim successfully.
Sztainer Employer Wins in Non-compete Fight and Back Pay Our client hired a new salesperson - a hardworking young fellow, eager to prove himself on the job. Shortly after the salesperson started working, his former employer, a competitor in the same industry, sued the salesperson and our client, claiming breach of a non-compete agreement and sought to prevent the salesperson from working for anyone in the industry anywhere in the world for a full year.
The former employer actually secured a court order that temporarily forced the salesperson, who had also become our client, to stop working. After a hearing where we were able to present the full facts, the court declared the non-compete agreement unenforceable, allowing the salesperson to return to work immediately.
The quirky nature of the establishment was reflected in its handbook, which had irreverent comments and tongue-in-cheek quips. We modified the handbook so that it included all the essential elements of a good employee handbook, provided guidance on important personnel matters, and retained its original character.
Frost Defending against Claims Made by a Troublesome Employee An employee with a documented history of performance problems claimed religious discrimination when the employer terminated his employment after a series of costly errors. The employee filed a charge of discrimination with the Minnesota Department of Human Rights.
After leaving the company to take a position at one of its largest competitors, our client and his new employer were sued in federal court for breach of a non-competition and non-solicitation agreement, misappropriation of trade secrets, and interference with contractual relations.
After persuading the court to refrain from issuing a temporary restraining order against our client which would have prevented him from working for the competitor, we successfully settled the dispute, and our client now enjoys unencumbered employment with his new employer.Top 10 employment law cases of ONCA – Paving the way for more employment class actions in Canada.
stating that the classification would need to be examined on a case-by. The votes are in! The lawyers at RT have identified what we believe to be the “Top 10” employment law cases that you need to know about from Here they are, covering a broad range of. Browse Case Study and Employment Law content selected by the Human Resources Today community.
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Browse the latest in Canadian Employment Law; an indispensable tool for managers, business owners, trade unions, HR professionals and law firms Canada manufacturing sales up more than expected in Sept; Trade, environment big worries for Canada after Trump win This case should motivate employers to review their hiring policies and .
Six important employment law cases in In this case, the Employment Appeal Tribunal (EAT) suggested that workers should be allowed to carry over untaken holiday into the next year if they are genuinely prevented from doing so for “reasons beyond their control” other than sick leave.