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Employment Law

Good manners prevent needless negligent-supervision lawsuits

12/04/2008

Employers are responsible for the way their employees behave. Threatening behavior toward fellow employees or customers that causes emotional or physical harm can lead to a negligent-supervision lawsuit.

At-will employment remains alive and well in Pennsylvania

12/04/2008

Employees and their lawyers are always trying to find new ways to expand the claims they can make against employers. They try novel approaches to try to sweeten the recovery pot, as the following case shows.

Temp tests Woody Allen’s 80% theory and fails

12/04/2008

Maybe Craig Whirlow, a temp agency employee from Connellsville, is a con man. Maybe he’s just a world-class slacker. Or maybe he’s a fan of comedian and director Woody Allen, who once famously observed, “Eighty percent of success is showing up.”

Court, treading a fine line, finds bishop innocent of fraud

12/04/2008

It was a case about as welcome as the lawsuit against Santa Claus in “Miracle on 34th Street.” Judge Joseph Smyth of the Montgomery County Court of Common Pleas, only reluctantly agreed to hear a lawsuit brought by a priest against the Episcopal Church bishop who defrocked him.

UPS driver sues over dreads

12/04/2008

Nieland Bynoe was hired as a driver for UPS Freight in 2007. He hadn’t even made it through orientation, however, before he was fired for refusing to shave his beard and cut off his dreadlocks … The EEOC has sued on his behalf.

CAIR reports increase in religious discrimination complaints

12/04/2008

The Council on American-Islamic Relations (CAIR) reports that bias complaints by Muslim workers increased by 18% in 2007, reaching a record 452 cases.

Prepare for change when ADA Amendments Act takes effect next month

12/04/2008

The ADA Amendments Act of 2008, which goes into effect on Jan. 1, 2009, is designed to restore protections for the broad range of individuals with disabilities, as originally envisioned by Congress. The amendments were also meant to reverse several U.S. Supreme Court decisions that limited the ability of individuals to qualify as disabled …

Are we responsible for repairing employee’s car damaged on company time?

12/04/2008

Q. Are employers responsible for fixing an employee’s car if it is involved in an accident while traveling to conduct company business on company time?

How much investigation information do we need to give to suspended employee?

12/04/2008

Q. If we suspend an employee “pending investigation,” what information must we provide to the employee?

What’s our liability when a supervisor strikes an employee?

12/04/2008

Q. We recently had an incident in which a supervisor hit an employee. Are we liable? What kind of violence is a company responsible for preventing?