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Employment Law

What are the limits on employee monitoring?

10/29/2013
Q. How would an employer legally go about monitoring employees in the workplace?

What’s the definition of ‘right-to-work’?

10/29/2013
Q. What is the difference between a right-to-work state and a non-right-to-work state such as Pennsylvania?

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.