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Pennsylvania

Is it legal to terminate a highly paid employee just because he earns so much?

08/23/2012

Q. We need to cut costs, and have started to explore trimming our staff, starting with those who earn far more than other employees. Are there any dangers in doing so? Can we legally fire a high-earner because of his salary?

What should we keep in personnel files?

08/23/2012
Q. Does Pennsylvania law specify what we should keep in personnel files?

Can we legally cap paid sick leave?

08/23/2012

Q. One of our managers has medical problems and has used a significant amount of paid sick leave. Because we don’t have a defined sick pay policy, this manager uses paid sick time whenever she’s out (full day or half day). How can we legally cap this? Is developing a policy with specific hours our only alternative?

Must we explain our reason for firing?

08/23/2012

Q. We recently terminated an employee. He claims he is legally entitled to a letter outlining the reasons for his discharge. Is he correct?

‘Textual’ harassment? OMG! Develop policy B4 you face lawsuit

08/23/2012
One of the most dangerous smartphone functions (from the employer perspective) is also one of the simplest: sending text messages. Considering the rise in harassment claims based on texts, employers should develop policies addressing textual harassment in the workplace.

EEOC forces cardiologists to have change of heart

08/23/2012
A Western Pennsylvania cardiology practice has agreed to settle EEOC sexual harassment charges alleging that its doctors routinely made sexually offensive and debasing comments to women who worked there.

Philadelphia issues regs on mandatory paid sick leave

08/23/2012
Philadelphia employers that do business with the city had to begin providing paid sick leave to their employees on July 1, when new provisions of the city’s “21st Century Minimum Wage Standard” went into effect.

Track discipline in a way that allows easy recall

08/23/2012
You will never know which employee will sue or for what reason. That’s a good reason to carefully track all discipline and make the records easy to access.

For unemployment, there’s stupid, then there’s willful

08/23/2012

Employees are typically ineligible for unemployment benefits if they were fired for creating a hostile work environment. That usually amounts to willful misconduct, which disqualifies them from collecting unemployment. But not every crude or stupid action is serious enough to bar benefits, as this case shows.

Want to fire employee for attendance problems? Make sure no absences are FMLA-related

08/23/2012
It’s frustrating to deal with employees who call in on short notice to say they won’t be able to make it to work. Even so, don’t let it get to you. An angry reaction could launch an FMLA lawsuit. That could happen if you are already thinking about terminating the employee.