So you’ve received a harassment complaint from one employee about another employee. What do you do? Do you have to investigate? Can you use your common sense and just discipline? Is the complaint clearly BS in the first place? What if the complaint is about a break-the-company level fraud by your CFO?
Workplace investigations are usually an unwelcome but necessary business diversion. Many employers would rather avoid them and will attempt, or seek counsel’s validation for, a quick and dirty alternative such as a quick-release termination of the alleged wrongdoer or relocation of the complainant. But these are not alternatives to investigating, are never the upfront solution and often fail to satisfy the legal obligation to properly investigate. These responses are more likely to expose an employer to greater liability.
A complaint of workplace misconduct needs to move quickly, and yet is no time for fast thinking. Employers should instead think carefully about the substance of the complaint, the impact on the involved parties and the business fallout if their response is the wrong one.
Continue Reading Do I have to hire a super expensive external investigator? Maybe. Maybe not.
We blogged about David Heller and his fight against Uber last May when leave to the 
Employers faced with an employee who has suddenly landed in jail are typically paralyzed with what the heck to do next. It’s easy to see how criminal and employment legal issues start to commingle in that case, but there are many other situations less dramatic where an employer needs to navigate through the tricky world of criminal law. 
A Guide for Employers during COVID-19
As many of our readers and clients know, we have been cautioning that the legality of certain layoffs and job changes necessitated by COVID-19 is uncertain. Generally, layoffs are only legal if the employment contract gives the employer the right to layoff, and many other job changes, such as reductions in hours or pay, raise the risk of constructive dismissal. We anticipated that at some point the Ontario government may weigh in and change the law – on Friday they did. 
Ontario potentially has another new COVID-19 related law on the horizon, this time related to worker’s compensation. On May 19, 
This week in Ontario many businesses are re-opening. Employers and employees alike have questions about going back to work and the intersection of re-starting businesses with the various government subsidies that have been tiding many people over.