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Employment Law

How to guarantee a lawsuit: Fire good employee right after she asks for FMLA leave

10/01/2012
Here’s a recipe for a lawsuit: Terminate a good employee who just told you she needs FMLA leave and has scheduled surgery. The timing alone will be enough to let the lawsuit proceed.

Same offense, same discipline? Not necessarily

10/01/2012

You’re probably aware that, generally, you should issue the same discipline to everyone who breaks the same rule. But that isn’t always the case. As long as you can explain why one employee deserved harsher punishment, a judge probably won’t second-guess you.

Got a hugger on your hands? Prepare to wrap your arms around a lawsuit

09/28/2012

Having a good sexual harassment policy in place doesn’t mean much if your supervisors ignore it. Take, for example, a supervisor who we might call “touchy-feely.” He greets employees with a hug. He may kiss them on the cheek or pat them on the back. That may escalate into a sexually hostile work environment.

Employee late in submitting his FMLA certification? Don’t just fire! Find out why

09/27/2012

When employees take FMLA leave, you can require they obtain written certification from a doctor to confirm the underlying serious health condition. FMLA rules say you must give the employee “at least 15 calendar days to obtain the medical certification.” But take note: It’s not smart to terminate an employee simply because you didn’t receive the paperwork on time.

Is there an hourly threshold employees must pass to earn paid holidays?

09/26/2012

Q. Is there a law that states the number of hours necessary to be considered full time for being eligible for paid holidays? Our handbook says an employee who works fewer than 40 hours a week is considered part time. An employee who works 34 hours a week wonders if he should be eligible for paid holidays. Our handbook says he’s not. Is that OK?

Is ‘he who hired also fired’ a good defense against discrimination charges?

09/26/2012
Q. If an employee claims he was discriminated against by the same supervisor who hired and fired him, does the employer have a defense to the discrimination claim?

Must we pay an intern we plan to bring in?

09/26/2012
Q. We plan on hiring a college intern later this year. Will we have to pay him or her?

What should we do? Our work requires talking on cellphones while driving

09/26/2012

Q. The animal care officers who work for us spend 80% of their time driving and responding to rescue calls via cellphone. Requiring them to pull off the road while talking on their phones wouldn’t work. Is there another way to limit our liability?

Steel firm settles religious accommodation suit

09/26/2012
Pittsburgh-based steel-industry supplier Magnetics International will pay $30,000 to settle a religious discrimination suit filed by an employee in Indiana who claimed the company failed to accommodate his need to worship regularly.

New Pennsylvania law protects service dogs

09/26/2012
Gov. Tom Corbett has signed legislation offering greater protection to service dogs that assist disabled people. Under the new legislation, dog owners whose dogs attack service dogs may be charged with a third-degree misdemeanor …