• The HR Specialist - Print Newsletter
  • HR Specialist: Employment Law
  • The HR Weekly

Employment Law

Layoff choices: Focus on performance, not just salary level

11/01/2006

Nothing triggers age discrimination lawsuits like a layoff. After all, saving money is a primary consideration in most decisions to downsize. And because long-term employees are often paid more than newer employees, organizations that focus on money often end up with layoff lists heavy with post-40-year-olds. That’s a recipe for an Age Discrimination in Employment Act lawsuit …

Use snail mail, not e-mail, to file unemployment appeal

11/01/2006

While it may seem convenient to use e-mail to file appeals of unemployment compensation decisions, be aware of this risk: If the Unemployment Compensation Board of Review doesn’t receive your e-mail, your appeal will be rejected when the 15-day appeal period expires …

Employees can hold you to oral pay promises under Pa. law

11/01/2006

Here’s a reason to be extra careful about what you say to employees regarding their pay: The Pennsylvania Wage Payment and Collection Law (WPCL) gives employees a way to collect on employers’ promises about wages, even if those promises were never put in writing …

Prepare to justify answers with solid business reasons

11/01/2006

While many employees view a transfer to a different location as a positive career move, others don’t see it that way. Some employees may assume discrimination in what your organization thinks of as normal career development …

Carefully craft an escape clause in all job contracts

11/01/2006

If you use employment contracts for independent contractors or senior-level managers, make sure those contracts contain enough "wiggle room" to terminate for cause based on your subjective performance assessment …

Survive a PHRC probe only with precise documentation

11/01/2006

Conventional wisdom holds that employers won’t face strict scrutiny if they fire employees who aren’t meeting performance expectations during their probationary period. Conventional wisdom is wrong, at least when it comes to the Pennsylvania Human Relations Commission …

EEOC pursues full day of rest as a religious accommodation

11/01/2006

The EEOC filed a religious discrimination lawsuit last month against the Aldi supermarket chain after the two parties failed to reach a settlement …

PNC’s policies for mothers earn a mix of praise and scorn

11/01/2006

Pittsburgh-based PNC Financial Services Group was cited twice last month: First by Working Mother magazine as one of the top 100 places for women to work, and then by the EEOC as a place where pregnancy discrimination is rife …

Requiring work during breaks: a $78 million mistake

11/01/2006

A Pennsylvania jury last month awarded a group of present and former Wal-Mart employees $78 million in damages because the mega-retailer forced the employees to work without pay …

N.J. supervisors can be held personally liable for job bias

11/01/2006

Want to scare your organization’s supervisors into complying with your employment policies? Point out that, under New Jersey law, they can be sued personally for their discriminatory actions. That means one on-the-job misstep can cost managers their homes, savings accounts and other personal assets to satisfy a court judgment …