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Employment Law

Safeguard veterans’ employment rights under USERRA

10/29/2013
With Veterans Day observations on Nov. 11, it’s a good time to review employer obligations under the Uni­­formed Services Employment and Re­­employ­­ment Rights Act (USERRA).

Hershey Med responds to retaliation charges

10/29/2013
The Penn State Hershey Medical Center has denied any wrongdoing in the case of a cancer doctor who sued, alleging he was fired in retaliation for defending the rights of his secretary, who was fighting breast cancer.

Commonwealth Court rules against Berks County Prison

10/29/2013
A Berks County Prison supervisor’s response to a schedule change request has morphed into an unfair labor practices charge after a Com­­mon­­wealth Court ruled against the employer in a split decision.

Don’t block transfer as reasonable accommodation

10/29/2013
If they’re qualified, disabled employees may be entitled to transfer to an open position as an accommodation. Blocking a transfer may violate the ADA, unless you can show that the transfer would impose an undue hardship.

One negative move after complaint can be retaliation

10/29/2013
After an employee files an inter­­nal complaint, HR should review every reassignment or other significant job change. Even one negative move can support a retaliation lawsuit.

FMLA leave: Intermittent or all at once? Document what employee requested

10/29/2013
Employees who are eligible for FMLA leave may not need a big block of time off, but instead want to take intermittent leave. Unfortunately, which one they do take isn’t up to the employer.

EEOC: Even Guardian Angel must honor settlement

10/29/2013
Pittsburgh’s Guardian Angel Ambu­­lance Service faces an EEOC lawsuit alleging it breached a previous settlement agreement with a now-deceased former employee.

Series of slights can add up to adverse action

10/29/2013
Ordinarily, it takes a discharge, demotion or other serious decision to support a ­discrimination law­­suit. Being fired, demoted or not promoted are so-called adverse employment actions. But even a series of minor employment actions can amount to an adverse action under the right circumstances.

One slur won’t create a hostile environment

10/29/2013
Courts don’t expect workplaces to be places of complete harmony—but they do expect employers to take complaints seriously. They want to see that bosses are disciplined when they make offensive comments.

Employer restrictions on guns in California workplaces

10/29/2013
This month, we’ll examine several questions about how far employers can go toward prohibiting employees from bringing guns to work.