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Employment Law

Faced with explaining itself to a jury, hospital settles

06/26/2009

According to the EEOC, Pittsburgh-based Lifecare Hospital showed a remarkable lack of compassion when it fired business manager Diana Altieri-Hand, who had cancer at the time. Saner heads prevailed once hospital officials contemplated the prospect of a hospital justifying to a jury why it mistreated a cancer patient.

General Assembly weighs anti-gay discrimination law

06/26/2009

Are Pennsylvania employers ready for yet another category of protected employees? Another bill has been introduced in the General Assembly that would protect all Pennsylvanians from employment discrimination based on sexual orientation or gender identity or expression.

Meenan Oil settles age discrimination lawsuit

06/26/2009

Tullytown-based Meenan Oil has settled an age discrimination suit filed by 72-year-old Louis Ceccoli, who was fired and then replaced by a substantially younger worker. Ceccoli built his case on derogatory comments his sales manager made about older workers.

Monitoring the virtual water cooler: Facebook and beyond

06/26/2009

Odds are that many forms of social media, such as Facebook and Twitter, are already thriving in your workplace. As an employer, it’s best to make a conscious decision about how to address social media issues with your employees. Proactively develop a policy so you don’t get stuck doing damage control—perhaps becoming the latest talk heard ’round the virtual water cooler.

Does this person have a case? We withdrew an offer after she quit her old job and moved

06/26/2009

Q. We offered a job to an applicant who was located out of state. We orally promised her a position and gave her a start date. As the date grew closer and we were finalizing the offer letter, there was a hiring freeze and we had to withdraw the offer. She has now threatened to sue us. Does she have a case?

Can we prohibit employees from sharing salary information with one another?

06/26/2009

Q. Is it illegal for a company to prohibit employees from sharing salary and wage information?

Can we listen in on employees’ phone calls?

06/26/2009

Q. We have a good reason to believe that one of our employees is divulging proprietary company information to a friend of his who works for our competition. We have a device that would allow us to listen in on his phone conversations, but not record it. Is it within our rights as an employer to listen in on his calls?

Must we pay a bonus to someone who earned it but no longer works for us?

06/26/2009

Q. Our company pays quarterly and annual bonuses, depending on the position. If an employee is with us throughout the entire quarter/year, but leaves before we pay out the bonuses, is he still entitled to one? We don’t have a policy stating that you must be employed at the time the bonus is paid.

Remind bosses: No talk of pregnancy plans

06/26/2009

Are some of your organization’s leaders still stuck in the Dark Ages when it comes to attitudes about pregnancy, childbirth and child care? You might be a few off-base questions away from a pregnancy discrimination lawsuit. Remind managers and supervisors to keep their opinions on mothers and motherhood to themselves.

Caution before offering ‘retire or be fired’

06/26/2009

Here’s something to keep in mind when you are tempted to give an employee a choice between termination and early retirement: He may allege that the retirement option was really a constructive discharge.