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Employment Law

Tell managers to document hypersensitive worker’s behavior

02/02/2009

Some employees are more sensitive to criticism than others and may also be more likely to file hostile work environment lawsuits. Managers with difficult subordinates would do well to track the behavior. It can be used in court to show that those subordinates have a skewed perception of the workplace.

Religious accommodations hinge on worker’s sincerity

02/02/2009

When employees ask to be excused from working on the Sabbath, forget about questioning whether their religion actually requires the accommodation. What matters is that the employee sincerely holds the belief—not the source of the employee’s belief.

Rehabilitation Act applies to county court systems

02/02/2009

The 3rd Circuit has ruled that county court systems can be sued for disability discrimination under the federal Rehabilitation Act because the domestic relations divisions of the county court systems received federal funding.

Next up on the nightly news, perhaps a little less drama

02/02/2009

The ongoing soap opera that is Philadelphia news broadcasting seems to be winding down. Former WCAU-TV news anchor Vince DeMentri has settled for an undisclosed sum for a sex discrimination complaint…

Peach Bottom nuke plant fined for sleeping guards

02/02/2009

The Nuclear Regulatory Commission has levied a $65,000 fine on Chicago-based Exelon Nuclear, after someone videotaped sleeping guards at its Peach Bottom nuclear plant and turned it over to the media.

PHRC regional office moves

02/02/2009

If you are planning to visit the Philadelphia regional office for the Pennsylvania Human Relations Commission, make sure you have the correct address. The agency recently moved …

OSHA inspectors are at your door … Are you prepared?

02/02/2009

An unexpected visit from a government regulator such as OSHA is often unwelcome—and unsettling, too. If you have taken the time to prepare for an OSHA inspection, however, it need not be traumatic. Advance planning and preparation not only make the inspection proceed without difficulty, but also allow you to be in control.

What time off counts for the purpose of FMLA intermittent leave?

02/02/2009

Q. I told an employee who takes lots of FMLA intermittent leave that all his time out of the office (no matter what it was for) would count against his FMLA time. My VP told me I was wrong and that was absolutely not the law. Who is right?

Do we have to defend a third party whose negligence caused our worker’s injury?

02/02/2009

Q. One of our employees was badly injured when he tripped over equipment that had been left by our office building’s maintenance workers. Workers’ comp covered his medical bills and lost wages, but he also sued the building’s owners for negligence. Now we have a letter from the owners demanding that we defend them in the lawsuit and telling us we are responsible. How can that be? I thought we were protected by workers’ comp.

What should we have said—and say in the future—about an employee fired for theft?

02/02/2009

Q. We fired a part-time employee for stealing a gift card out of the trash. We have a policy against taking anything of value out of the garbage. The next day, his supervisor announced to everyone that the employee had been fired for theft. I don’t think it was appropriate to tell others the reason. Was it? And what should we say if someone calls for a reference?