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Employment Law

Firing ‘Worst of the best’ isn’t age discrimination

09/01/2006

If economic conditions force you to downsize, be prepared for lawsuits. That’s especially true if no employees stand out as obvious poor performers who should be canned. In such cases, articulate that you have no choice but to fire "the worst of the best" …

Cut Out the Age Jokes; Employees Aren’t ‘Antiques’

09/01/2006

Workplace humor is fine until it drifts into the realm of gags about employees’ gender, race or religion. Even age-based jokes can trigger lawsuits. Although few employees will win age-discrimination lawsuits based on a joke or two, such juvenile behavior can take an otherwise marginal case and give it legal legs …

Thwart ADA Claim by Pointing to Good-Faith Efforts

09/01/2006

The ADA requires employers to work with disabled employees to arrive at a reasonable accommodation. But that doesn’t mean you have to give employees exactly the accommodation they want …

Business interference is tough to prove in Pennsylvania

09/01/2006

Pennsylvania law makes it easy to enforce noncompete contracts. But trying to make a business-interference claim against an ex-employee is almost a lost cause …

Settling PHRC cases early makes financial sense

09/01/2006

When facing a discrimination claim filed with the Pennsylvania Human Relations Commission, it makes sense for employers to try to settle as early as possible, before the agency holds hearings and files an opinion …

Troopers Cite ADA and Privacy in Lawsuit Over Call-In Policy

09/01/2006

The Pennsylvania State Troopers’ Association has filed a lawsuit against the state police, arguing that troopers shouldn’t have to tell their duty desk the specific reason they’re calling in sick. The association alleges that the call-in policy violates the ADA because it may force troopers to disclose a disability …

State Pays Out Nearly $4 Million After Firing at-Will Employee

09/01/2006

If you’ve ever wondered how much it costs an employer to defend a discrimination lawsuit, a Pennsylvania case may provide the answer …

EEOC settles race case over training discrimination

09/01/2006

The EEOC and Jameson Memorial Hospital settled a federal lawsuit that was originally filed last February. The New Castle hospital will pay $50,000 to an African-American radiology technician who claimed the hospital denied him training opportunities because of his race …

State to host conference on job safety, health next month

09/01/2006

Workplace safety experts, take note: The state will host its annual Occupational Safety and Health Conference on Oct. 16 & 17 at the Hershey Lodge & Convention Center …

Pennsylvania to reduce unemployment taxes next year

09/01/2006

With the Pennsylvania economy doing well and unemployment down, the commonwealth has decided to reduce the amount that employers will have to pay into the unemployment compensation (UC) system in 2007. UC taxes on employers will decline by an estimated $158 million …