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Employment Law

When supervisor makes stupid comment, make sure you can justify discipline

07/24/2009

When a supervisor says something insensitive, employers must fix the problem and then make sure the comment doesn’t reflect some sort of deep bias. Follow up on the comment with appropriate discipline and then check to see that any discipline recommended by the supervisor is based on independently verifiable information.

Be sure to document if worker says she doesn’t need leave

07/24/2009

If an employee rebuffs your offers to consider her for ADA accommodations or FMLA leave, make sure you document her desires. That way, she can’t come back later and claim you didn’t accommodate her or give her leave.

Circle that date! EEOC filings have 300-day deadline

07/24/2009

Remember: Pennsylvania employees have just 300 days to file an EEOC complaint.

Construction firm sued after pulling diabetic’s job offer

07/24/2009

The EEOC has sued construction giant Glenn O. Hawbaker Inc. for refusing to hire an apparently well-qualified backhoe operator after the company learned the man has diabetes.

Beers, tears, almost 2 years: Thief apologizes to employer

07/24/2009

Paul Lesko was contrite when he appeared in Cumberland County court for sentencing following his conviction of embezzlement. While working for Westy Beer Distributor in Hampden Township, Lesko had taken more than $7,625 from owner James Yaple.

Phillies vs. Mets: At least this time, home fan disappointed

07/24/2009

When the New York Mets play in Philadelphia, they stay at the Westin Philadelphia in Center City. In August 2007, John Dunlap was staffing the hotel’s front door when he attempted to move the ropes back to make more room for the entering ball players. That’s when a New York fan cursed at him—and that’s where the trouble began …

Hacked! Limiting employer liability for breaches of employee data

07/24/2009

Imagine this nightmare scenario: You’ve contracted with a vendor to enter personnel data into a new computer system, including employees’ Social Security numbers, addresses, names of dependents, health records and bank account routing numbers. Then the vendor notifies you that employee data was somehow stolen or lost. What do you do?

Is FMLA leave optional when employee has adequate sick leave to cover her absence?

07/24/2009

Q. We have an employee who is going on eight weeks’ leave for a qualifying serious health condition. She isn’t requesting to use FMLA leave because she has enough paid sick leave. Can employees choose not to use FMLA leave even though they qualify?

Help! I’m confused about comp time, flextime

07/24/2009

Q. Can you please clarify if and when we can offer comp time to our employees? What’s the difference between comp time and flextime?

Can an employee earn sick time while out on workers’ comp?

07/24/2009

Q. One of our employees is out on workers’ comp. Our contract says “no sick time will be lost or deducted” while employees are out on workers’ comp. But now he wants to know if he continues to accrue sick time and holiday pay while not working. Does he?