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Pennsylvania

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.

Suspect employee is scamming FMLA leave? Investigate–and discipline if it’s true

08/23/2012

When an employee takes FMLA leave because her physician says she’s too sick to work and needs to stay home, it’s natural to assume she’ll follow the doctor’s orders. But what if you discover that she isn’t—and is instead working for someone else during her leave? Can you terminate her? Of course.

Fayette County grocer to settle sex harassment beef

08/23/2012
A Fayette County grocery store will pay $95,000 to settle four sexual harassment complaints filed by female employees who alleged the store’s meat manager harassed them by constantly making crude remarks and touching them.

Train supervisors on proper handling of FMLA return-to-work certifications

08/23/2012
Supervisors who handle employee return-to-work requests following FMLA leave must know what they are doing. Otherwise, your legal risk could rise significantly.

Doc clears return to work? Disability unlikely

08/23/2012

When an employee has a life-threatening and acute illness, he may need time off to recover. That’s a legitimate use of FMLA leave. But what if the employee fully recovers and comes back to work with a clean bill of health from his doctors, yet still feels weaker, more fatigued and not quite back to full health?

Demand immediate stop to demeaning language

08/23/2012
Make sure managers and supervisors understand that belittling name-calling has no place in the workplace and won’t be tolerated. Bans on obscenity aren’t enough. You must also stop other sexist terms, such as referring to a woman as “Barbie.”

May we ever ask about applicant’s religion?

07/27/2012
Q. When, if ever, can our company legally ask an applicant about his or her religious affiliation?

When woman returns from maternity leave, must she return to her exact former job?

07/27/2012
Q. When an employee returns from maternity leave, do we have to give her the very same job she had or can she be put to work in a different type of position?