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Employment Law

Inaccurate and Incomplete Information Involving Unionized Employees

Where there is a collective agreement in force, it will be much more difficult for an employer to establish just cause for termination on the basis of inaccurate or misleading information provided by the employee during the hiring process. Generally speaking, arbitrators tend to be far more flexible in this area, often substituting a more lenient penalty than termination of the individual's employment in cases where the unionized employee is guilty of misrepresentation.

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This material is copyrighted in 2004 © by Brian A. Grosman and may not be reproduced without his specific written permission.