![]() Ontario's Workplace Safety & Insurance Board (WSIB) turns 100 years old this year, yet understanding the basics about its NEER financial system remains a challenge for many employers. Here is a quick primer. What are the different WSIB financial plans? The WSIB has 3 main programs for determining worker compensation claim costs:
What is NEER?
Who is part of NEER?
What are the time periods NEER measures?
How does NEER work?
What reports will I be receiving from the WSIB?
Next steps Do you have additional questions about your WSIB claims? You can register for one of Clear Path's upcoming learning sessions that will give you deeper insights into the claims management process through hands-on workshops using real-world examples.
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Most Ontario businesses think their WSIB NEER statement is complicated. They're right, but consider the statements for larger organizations or those with complex structures that have an Organizational Statement or multiple NEER statements? What is an Organizational Statement:
How do they differ from a regular NEER statement?
What if my company has accounts in different rate groups?
What should I watch out for if I have more than one NEER statement?
What if I have an employee that crosses two areas with different rate groups?
Want to learn more about complex NEER statements? Come to Clear Path's Advanced NEER Strategies workshop on December 4th in Mississauga. Click here to learn more. Not able to join us? Contact Anna Aceto-Guerin at (519) 624-0800 or anna@clearpathemployer.com with any of your NEER questions. Special offer: We are offering a complimentary and confidential review of your most recent NEER statement by our WSIB claims specialists to any new customers (a $250 value!). Click here to learn how to send us your documentation. We'd love to connect with you!
![]() Here's the situation: You're finally feeling more comfortable with the WSIB NEER statements your company receives. You have been working to reduce lost-time claims for your organization, objecting when you should, and pursuing SIEF cost relief when appropriate. Time to relax, right? Your Controller just called and she needs to know what to budget for the WSIB surcharge or rebate for the upcoming September. This request sends you into a bit of a panic. A million questions come into your mind, including:
Want to be able to forecast your WSIB claim costs effectively and make educated decisions regarding your claims management efforts? Register for Clear Path's upcoming workshop: Advanced NEER Strategies learning session on December 2nd in Mississauga. This workshop is designed for experienced claims managers and will deepen your understanding of the NEER program and teach you how to forecast claim costs based on a variety of scenarios. Click here to learn more. Not able to join us? Contact Anna Aceto-Guerin at (519) 624-0800 or anna@clearpathemployer.com with any of your WSIB and NEER questions. Other blogs you may be interested in: We'd love to connect with you!
![]() Is there ever a statute of limitations when you discover that an employee has lied on their resume or a job application? This month a senior executive at WalMart in the U.S. was forced to resign after the company discovered he had lied about completing his university degree. David Tovar, an 8 year veteran of the company, attended the University of Delaware but ultimately was "a couple of credits short" of completion. He served as Vice President, Corporate Communications and was in the process of being promoted to a Senior V.P. position when a routine background check discovered his education history. Source: NY Times Similarly, Yahoo chief executive Scott Thompson was forced to resign from the tech company in 2012 after it was discovered he had lied about completing a computer science degree. Source: The Guardian A Canadian example occurred in 2013 when Chris Spence was forced to leave his position as a director for the Toronto District School Board when he admitted to plagiarizing portions of an editorial he wrote for the Toronto Star. Later, officials at the University of Toronto accused him of academic dishonesty and plagiarism on his 1996 PhD thesis. Source: Toronto Sun ![]() Issues for HR managers Discovering that someone has lied on their resume after the fact, particularly someone in a senior position, can be embarassing for the company and disruptive for your workforce. The best way to avoid this is a rigorous interview process that includes challenging applicants on the most common resume misrepresentations, including:
For additional interview tips, including the fact that you should always, always, always perform reference checks, see our recent blogs "Hiring Lessons from the Lance Armstrong Scandal" and "Five Mistakes Interviewers Make." Is a "zero tolerance policy" the right approach? Many companies are moving towards establishing a "zero tolerance" policy for lying or exaggerating about credentials during the hiring process. They provide each candidate with a form to sign stating that everything they have shared is accurate and that they understand that any type of fraud will lead to termination. Having such a policy does offer a clear course of action when faced with this situation: investigate and if charges of fraud or misrepresentation prove corrrect, terminate. However, a "zero tolerance" policy does not allow for any discretion on the part of an HR manager or business owner. One can imagine a case where someone has been successfully performing duties for many years and is suddenly shown the door due to an error in judgment perhaps decades earlier. With reference to the WalMart executive forced to resign, Clear Path's Lindsay Majkic confirms the dilemma HR managers face. "Obviously he has demonstrated his ability to perform the duties of his job. But forgiving a senior team member for lying or exaggerating is a slippery slope." What approach does you organization use? Do you prefer to have a clear policy or want the freedom to make decisions on a case-by-case basis? Ready to learn more? The team of HR consultants at Clear Path are available to help you with your HR questions. Contact us today at info@clearpathemployer.com or (519) 624-0800. We are also holding two informative learning sessions you may be interested in attending:
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You've undoubtedly heard of the recent high-profile cases where individuals have behaved very badly in their private lives, leading to discipline or termination from their jobs. These incidents also highlighted some do's and don'ts for employers on how to handle these difficult situations. A few examples: ![]() Ray Rice suspended indefinitely from NFL for spousal abuse Baltimore Ravens running back Ray Rice punched his then-fiancee (now wife) in the face, knocking her unconscious, at an Atlantic City hotel in February 2014. He was arrested and subsequently indicted for 3rd degree aggravated assault, but avoided prosecution by being approved for a pretrial intervention program and attending anger management counseling. The NFL initially suspended him for two games in July, but the ongoing controversy and additional video footage of the assault led them to suspend him indefinitely as of September 8th. He is currently appealing the decision. (Source: ABC News) ![]() Another NFL star gets into legal hot water Following an indictment on a felony count of reckless or negligent injury to a child after whipping his 4-year-old son, Minnesota Vikings running back Adrian Peterson was first cleared to play in an upcoming game against New Orleans and then placed on the NFL's exempt list as of Sep 17th. This bars him from all team activities until his child abuse case is resolved - however he will continue to earn his salary. (Source: ESPN) ![]() U.S. CEO faces public fury for mistreating dog in elevator Catering company CEO Desmond Hague was captured on video repeatedly kicking a puppy in an elevator in British Columbia. Public outrage after the video was publicized led to apologies from Hague and a requirement to donate $100,000 to charity and complete 1,000 hours of community service. Continued calls to boycott the company led Hague to resign earlier this month. The company quickly replaced him with a new CEO. (Source: CTV Vancouver) Tricky questions for HR managers These controversial cases highlight a number of tricky questions for HR managers when faced with an employee who has behaved inappropriately or illegally outside of the work environment:
The Canadian perspective: Because most states in the U.S are "employment-at-will" states, an employer does not need a reason to fire an employee and is free to do so at any time regardless of reason. In this type of employment arrangement, engaging in immoral or unethical conduct outside the workplace could be grounds for termination. (Source) However, according to Clear Path's Anna Aceto-Guerin, “this is far from reality in Ontario.” Can an Ontario employer terminate someone for behaviour outside of the workplace? The answer is… it’s complicated. Ontario is not a “fire at will” province and unfortunately there is no blanket answer to this question. You need to look at the facts of each individual case and assess the risk in each situation. It is often challenging for an employer in Ontario to terminate “for cause” even when there are clearly documented performance issues. Attempting to terminate someone “for cause” for behaviour outside of the workplace can be exponentially trickier. Acts both criminal (arrested for a DUI, possession of child pornography, child abuse or domestic violence) and those deemed “immoral” by an employer (involvement in an extramarital affair, affiliation with a controversial organization) may cause an employer to want to remove someone from the organization, even if the employee’s actions took place exclusively outside of the workplace. The question becomes whether or not they can terminate “for cause” and not have to pay out the appropriate termination pay and/or severance. Some things for an employer to consideration include:
Long story short, this process should be handled with careful thought and the advice of HR and/or legal professionals. You can contact the team at Clear Path for advice for any of your HR questions. Want to learn more? Clear Path has two upcoming learning sessions that you may be interested in:
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We're introducing a new series where each month we'll feature one of Clear Path's incredible team members and help you to get to know them a bit better. This month our spotlight is on HR Consultant Margaret Sullivan Williams: ![]() Fun Fact: I'm an accordion-playing former model who has sung in Celtic and Jazz bands Hometown: Guelph, Ontario Alma Mater: University of Guelph Dog Person or Cat Person: Dog Favourite Author(s): Too many to list Funniest HR question you've ever been asked: Clients have asked me whether or not they should "fire" someone who is a) in jail or b) dead Favourite Movies: Book You're Reading Now: What is your idea of perfect happiness? Family time on a beach! Which living or deceased person(s) do you most admire? Anyone who challenged the status quo. Suffragettes, Great Thinkers, Inventors & Pioneers What is your greatest extravagance? A long walk, relaxing swim or spa day What do you consider the most overrated virtue? Humility, because I think it confuses people. It is about thinking of yourself less, not thinking less of yourself. What talent would you most like to have? Musical virtuoso - any instrument If you were to die and come back as a person or a thing, what would it be? I'd like to be myself again, but start anew and take a couple of different paths Who is your hero in fiction (character in a book, movie or TV show)? Owen Meany, from John Irving's A Prayer for Owen Meany. I can still hear his voice years after reading the book. What is your personal motto? Create the workplace you want to work in! You can learn more about Margaret on her Bio page. She'd also love to hear from you at margaret@clearpathemployer.com We'd love to connect with you!
![]() A June 2014 article in The Toronto Star entitled "Workplace Safety Insurance Board steps up spying on clients, documents show" claimed there was evidence of increased use of surveillance by the WSIB on suspicious benefit recipients. The article is sympathetic to the plight of the injured workers involved and suggests the investigations may be unfair and unjust. Most of the individuals mentioned in the article are long-time recipients of WSIB benefits, with injuries dating back nearly a decade. It infers that the WSIB's aggressive cost-cutting efforts may be the reason for the surveillance. We spoke with two of Clear Path's WSIB claims management experts, Anna Aceto-Guerin and Michelle Strassburger, to get their perspective on this controversy. Q: The Toronto Star published an article stating that the WSIB is increasingly using private investigators. Have you seen evidence of this? Anna Aceto-Guerin: No, I have not seen evidence of increased use of private investigators or other surveillance techniques by the WSIB. Actually, in the past it has been difficult to get the WSIB to use private investigators, even when the employer had suspicions about philandering or fraud. If the employer had concerns, the WSIB typically will not investigate unless there is some kind of evidence (such as a witness statement). Q: It seems that most of the individuals in the article were long-term benefit recipients. Does that change your perspective? Anna Aceto-Guerin: The vast majority of claims we work on in our consulting firm are more recent and within the client's 4 year NEER window. So if the WSIB is increasing its use of surveillance on long-term claimants, we would not typically see that. However, if the WSIB is investigating long-term claimants, I don't see that as necessarily a bad thing. In the Workplace Safety & Insurance Act, people are obligated to report any changes in their health (including positive changes or improvements) to the WSIB if they are receiving benefits. But anecdotal evidence suggests that the vast majority of people do not do this. Sometimes an injured worker receives a "Permanent Impairment” status prematurely, so if they begin to improve they should be reporting that. They may be receiving long-term benefits but are no longer as disabled as they were initially assessed at. In cases like that, the WSIB may be justified to take a closer look. Do you have any experience with the use of private investigators? Anna Aceto-Guerin: Some employers do hire a PI when they are suspicious about the validity of an employee's claim. However, we generally recommend that employers use the WSIB's TIPS line. Then the ball is in the WSIB's court to pursue an investigation if appropriate. WSIB TIPS Line: 1-888-SI-LEADS (1-888-745-3237) 7:30am to 5:00pm, Monday to Friday or by email at sileads@wsib.on.ca 24 hours a day, 7 days a week. Q: Michelle, have you had experience with private investigators? Michelle Strassburger: I've had clients use them, but never hired them myself for any of the companies I have worked for. Q: Have you known the WSIB to initiate the use of surveillance? Michelle Strassburger: Not on a regular basis, but it does happen. I've had a couple of recent experiences with Clear Path clients where the WSIB did investigate a claim without our request. One of them involved a worker who had submitted 3 or 4 claims within a year's time and they wanted to send him to their own psychologist to determine entitlement for PTSD. They were satisfied with the results of the investigation and the PTSD claim was allowed. Q: Do you have any suggestions for employers who do use private investigators? Anna Aceto-Guerin: If you decide to engage a private investigator you should be clear on what you want to achieve. It is the denial of initial or ongoing entitlement that you are seeking? Or perhaps it is an issue with the suitability of modified work offered when the worker is saying they are too disabled to participate (but you've heard that they are waterskiing on the weekends). Here is a list of things to consider:
As well, keep in mind the costs incurred by your company during this process. Make sure that the cost-benefit of using a private investigator is justified. Want to learn more? Clear Path has a number of valuable learning sessions coming up that will help you increase your knowledge and give you strategies on effective claims management, including:
If you have any questions, please don't hesitate to contact Anna Aceto-Guerin at (519) 624-0800 or via email at anna@clearpathemployer.com. We'd love to connect with you!
![]() There is a growing movement to change the way businesses recruit new team members, one that seems counter-intuitive but is freakishly effective. In short, place obstacles in front of those applying to work for your company in order to ensure you are bringing on people that are truly committed and possess the right attitude for your workplace. Economist Steven D. Levitt and journalists Stephen J. Dubner, bestselling authors of Freakonomics (2005) and SuperFreakanomics (2009), have released a new book called Think Like A Freak (2014) that encourages readers to consider new ways of approaching common tasks in life and business. One of the strategies Levitt & Dubner espouse is to "get your garden to weed itself" during the hiring process. Most traditional hiring processes rely on the use of resumes, testing and 1-on-1 interviews to select candidates, ideally from the largest possible applicant pool. Most hiring managers focus primarily what skills the candidate possesses and a disproportionately small amount of time looking at indicators of attitude. What if there were ways you could get the wrong candidates to de-select themselves for you? The authors recommend adding additional steps to dissuade people who may not be truly serious from applying, rather than having simple clicking a button or send an email with their resume. Companies balk at this suggestion, fearing that it will limit the candidate pool. Doesn't a wider pool mean better candidates? Not necessarily. Imagine the benefit of "weeding out" those not truly committed: fewer resumes to read, fewer interviews to hold, lower chance of having a newly hired person quit after a short stay. Levitt & Dubner also reference the policy of U.S. shoe company Zappos to offer new hires $2,000 to quit at the end of their training process. CEO Tony Hsieh says this helps them discover whether the employee "cares more about money or [if they] care more about this culture and the company” He reasons that any worker who opted for the cash wasn’t the right fit and would cost the company in the long run. ![]() A Different Type of Hiring Process The business coaches at ActionCoach, including our own coach Tony Roy, have been long-time advocates of a systemized approach to hiring that includes multiple opportunities for a candidate to de-select themselves. Our company has used many of the recommendations of ActionCoach's Hiring Process. We have found that adding fairly benign obstacles during the application process, including requiring candidates to leave a voice message during specific hours answering three easy questions, helps us to:
![]() Here is a summary of the ActionCoach Hiring Process:
Benefits of the de-selection process The purpose of the process is to ensure that the candidates applying for the position:
For additional tips on reference checks and interview skills, check out our previous blogs: Want to learn more? Gain more insights at Clear Path's upcoming learning session, Hiring & Firing Effectively on September 25th. Click here to learn more and to register. You can also contact Anna Aceto-Guerin anytime to answer your HR questions at (519) 624-0800 or anna@clearpathemployer.com. We'd love to connect with you!
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