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Pennsylvania

Employment Lawyer Network:
Pennsylvania

Susan K. Lessack (Editor)

Pepper Hamilton LLP
Pennsylvania Employment Law

LessackS@PepperLaw.com
(610) 640-7806

Click for Full Bio

Susan K. Lessack is a partner in the Berwyn and Philadelphia offices of Pepper Hamilton LLP. She concentrates her practice in employment counseling and employment litigation. Ms. Lessack’s experience includes counseling employers on matters related to compliance with federal and state labor and employment laws, counseling regarding employee discipline and terminations, conducting investigations of employee conduct, including harassment, training employers on their obligations under employment laws and litigation avoidance, and developing employment policies. She defends employers in litigation of employment discrimination claims, wrongful discharge claims, and claims under federal and state employment-related statutes, such as the Family and Medical Leave Act and the Pennsylvania Wage Payment and Collection Law.

Hiring preferences OK, not evidence of discrimination

05/24/2012
Not every hiring preference is evidence of discrimination. You can limit the number of applicants by setting parameters—such as considering current employees first.

Court carves out another age-bias class: Employees age 50 and older

05/24/2012
A federal court considering the question for the first time has concluded that workers over a certain age can challenge the disparate impact a reduction in force may have on that age group.

Think you solved harassment problem? Check back to make sure it really worked

05/24/2012

Let’s say one of your employees complains she’s been sexually harassed. If you conclude she may be right, it’s time to come up with an effective remedy. The harassment has to stop. If it doesn’t, it’s almost certain you will be sued. The key is following up with the complaining employee.

How to prevent leave double-dipping: Prohibit vacation travel during paid FMLA leave

05/24/2012

It’s perfectly legitimate to prohibit recreational travel during any approved, paid sick leave. If you also happen to substitute paid sick leave for unpaid FMLA leave, you can still enforce the same no-vacations policy.

Outsourced staff’s race doesn’t prove bias

05/24/2012

Ordinarily, when employees claim their terminations were because of race or other protected characteristics, they try to prove discrimination by showing they were replaced by workers outside their protected class. But if the employer outsourced the work, the racial, sexual or other characteristics of the employees now performing the jobs isn’t relevant.

Before approving discipline, check last review

05/07/2012
When a supervisor recommends discipline or anything else that could be viewed as an adverse employment action, be sure to check the employee’s latest evaluation before you approve it. If what the boss says is currently going on appears inconsistent with the evaluation, find out why.

Cops: Accountant skims $333K over course of 10 years

05/01/2012
It took 10 years, but an accounting employee of Hershey Entertainment & Resorts managed to sock away a tidy nest egg totaling more than $333,000. The only trouble, according to police and prosecutors: She built her savings account by embezzling the funds from her employer.

Categorize reasons why you impose employee discipline

05/01/2012
You probably know you must document all disciplinary actions. Take that a step further by categorizing the discipline.

Where can I find required posters?

04/24/2012
Q. We’ve received differing information on exactly what notices we’re legally supposed to post in our office. Where can I find a reliable listing?

How long before we should convert temp staff to employee status?

04/24/2012

Q. Is there a law (or advisable benchmark) regarding how long we can hire temporary staff before they must be either hired on a permanent basis or released?