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Employment Law

Generous about leave? Beware FMLA suit anyway

12/24/2008

What happens if an employer discourages an employee from taking FMLA leave and instead offers more than 12 weeks off with full pay? Can the employee still sue for interference with his right to FMLA leave if he isn’t reinstated to his prior position or an equivalent? The apparent answer is "yes."

OK to suspend employee who has been arrested if alleged violation would compromise safety

12/24/2008

Being arrested for a crime is not the same as being convicted. After all, citizens are innocent until proven guilty, and many arrests never result in convictions. But the presumption of innocence doesn’t mean employers can’t suspend employees who have been charged with crimes—if those alleged crimes may affect their ability to do their jobs.

Wipe out harassment or face state and federal lawsuits

12/24/2008

A recent federal trial court decision has given new ammo to employees who want to sue their employers for sexual harassment—especially if the alleged harassment involves any kind of touching.

Fired for tape recording, woman gets day in court

12/24/2008

A woman who was fired for allegedly secretly recording a conversation she had with a supervisor about harassment can still sue for sexual harassment, a federal court has ruled. It did not matter that secretly recording conversations may be a crime in Pennsylvania.

That hot-headed chef routine only flies on TV

12/24/2008

In the real world, hurling insults at workers is a recipe for disaster, as the catering company that provides food service at the Comcast Center in Philadelphia recently learned …

Theater company to pay $162,000 for sexual harassment

12/24/2008

The Pennsylvania Human Relations Commission has ordered Plum Entertainment, a New Hope theater production company, to pay $162,000 to Sharon Sheridan, a former personal assistant who claimed she was fired for complaining about sexual harassment.

Mayor, police chief square off, but chief takes home $160,000

12/24/2008

The borough of Ellwood City has agreed to pay $160,000 to former police chief Richard McDonald to settle charges of racial discrimination. Almost immediately after being hired in June 2007, McDonald clashed with Mayor Donald Clyde …

Dress, grooming policies should serve bona fide business need

12/24/2008
Employers may generally impose rules requiring employees to adhere to reasonable workplace appearance, grooming and dress standards. But as straightforward as the issue seems to be, grooming standards can create problems for employers.

How can we protect ourselves? We’re worried aging employee will hurt himself

12/24/2008

Q. One of our employees is over age 70 and has recently had memory problems and a car wreck. What (if anything) can we do to protect ourselves from potential workers’ comp claims should he injure himself?

Must we pay travel costs when light duty means a temporarily longer commute?

12/24/2008

Q. One of our employees who normally reports to another facility has been out on workers’ comp and is now doing light duty in the office. Getting here adds an extra hour to his commute. I know we don’t have to pay for his commuting time, but what about his travel expenses?