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Pennsylvania

Vague statements won’t support harassment lawsuit

01/05/2012
Here’s some comfort if you discover a supervisor has made unwise comments to employees: Ambiguous statements probably aren’t enough to form the basis of a hostile work environment claim.

Make sure documentation includes all the details

01/05/2012
Plenty of employers vigorously en­­force their work rules when employees break them. But not every employee deserves exactly the same punishment if there are differences in their conduct. That’s why it’s important to document every detail.

Worker turned down light-duty offer? That gives you an advantage in ADA lawsuit

01/05/2012
Here’s a situation you can use to your advantage if you offer light-duty work to an employee who claims he has become disabled: If he turns down your offer, that could sink any disability discrimination claim he later makes.

Partners in time: Balance FMLA and ADA when employee’s serious illness is a disability

01/05/2012
Employees with a serious health condition are entitled to take intermittent FMLA leave when their conditions flare up. And disabled employees are entitled to reasonable accommodations for their disabilities. That can include time off. Employers must therefore consider granting intermittent FMLA leave among the possible ADA reasonable accommodations when an employee has a serious health condition that is also a disability.

Amtrak HR exec decides she won’t be railroaded

01/05/2012
Amtrak will give an HR executive working at Philadelphia’s 30th Street Station a salary boost of almost $16,000 to bring her into parity with what the railroad pays men doing the same job. She will also receive a lump-sum payment of $171,000.

Unhappy employee? Carefully track complaints

01/05/2012

You know this employee—the one who’s never happy and always finds something to complain about. It may be tempting to ignore repeated complaints, but that’s probably a mistake. Carefully document all her gripes. Those records could come in handy later if she files a lawsuit.

Ready to fire worker with poor attitude? Document examples before you deliver pink slip

01/02/2012

If a supervisor believes an employee has such a negative attitude that it warrants firing, do your HR duty! Immediately ask for documentation of the problem. It can’t wait until after the termination occurs. After-the-fact, subjective assessments may not survive a court challenge.

Ensure FMLA leave doesn’t affect evaluations

01/02/2012

When employees lose their jobs, they often look for a reason to sue. One common tactic is to argue that a layoff was used as an excuse to get rid of “unproductive” employees, especially those who take advantage of their right to FMLA leave. That’s why HR must develop a performance-appraisal system that documents that having taken FMLA leave wasn’t a factor when you evaluated employees’ work.

How to: Conduct your annual HR policy review

12/23/2011
We’re already a month into 2012. It’s time to review your employment policies and practices in light of the government’s aggressive efforts to enforce employment laws. The EEOC, the DOL and a host of other agencies are all cracking down on employers. Good, up-to-date policies are your best defense against the fed’s stepped up scrutiny.

Beware perils of interfering with intermittent FMLA leave

12/13/2011
Let’s face it: It makes a manager’s job harder when employees are out on FMLA leave. That’s especially true with intermittent leave. Don’t let those hard feelings turn into an FMLA interference lawsuit. Instead, insist that managers honor approved intermittent leave without hassling the employee.